McCusker v. Kelly — 9 A.D.2d 606

Majority

p. 606

In the Matter of Raymond J. McCusker, Jr., Petitioner, against Joseph P. Kelly, as Commissioner of Motor Vehicles, Respondent.

Determination unanimously confirmed, with $20 costs and disbursements to respondent. The application to amend the petition is denied. It is obvious from the affidavit submitted that the petitioner is guilty of loches in his failure to make a timely application, and no adequate explanation is submitted to excuse the delay. Concur — Botein, P. J., Breitel, M. M. Frank, Valente and Stevens, JJ.