Moffett v. Kelly

Appellate Division of the Supreme Court of New York

Moffett v. Kelly

6 A.D.2d 710, 174 N.Y.S.2d 718, 1958 N.Y. App. Div. LEXIS 5878

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 1958

StatusPublished

This text of 6 A.D.2d 710 (Moffett v. Kelly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moffett v. Kelly, 6 A.D.2d 710, 174 N.Y.S.2d 718, 1958 N.Y. App. Div. LEXIS 5878 (N.Y. Ct. App. 1958).

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Opinion

Proceeding pursuant to article 78 of the Civil Practice Act to review the determinations of the hearing referee of the Motor Vehicle Bureau and of the Commissioner of Motor Vehicles suspending petitioner’s license for 15 days based on a finding that he was guilty of gross negligence (Vehicle and Traffic Law, § 71, subd. 3, par. [e]). The proceeding has been transferred to this court (Civ. Prac. Act, § 1296). The determination to suspend petitioner’s license was made by the referee on January 4, 1957. On request for review, the Commissioner of Motor Vehicles sustained the decision of the referee on March 1, 1957. This proceeding was commenced June 7, 1957. Petitioner claims that the four-month time limitation within which to commence a proceeding pursuant to article 78 began to run on March 1, 1957. Proceeding dismissed, without costs. The determination of January 4, 1957 was the final and binding determination to be reviewed in the proceeding. (Vehicle and Traffic Law, § 71, subds. 1, 6.) This proceeding, commenced more than four months after January 4, 1957, was not timely. (Civ. Prac. Act, § 1286.) Accordingly, we do not reach the merits of the proceeding. Present — Beldock, Murphy, Ughetta and Hallinan, JJ.; Nolan, P. J., not voting.

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Proceeding pursuant to article 78 of the Civil Practice Act to review the determinations of the hearing referee of the Motor Vehicle Bureau and of the Commissioner of Motor Vehicles suspending petitioner’s license for 15 days based on a finding that he was guilty of gross negligence (Vehicle and Traffic Law, § 71, subd. 3, par. [e]). The proceeding has been transferred to this court (Civ. Prac. Act, § 1296). The determination to suspend petitioner’s license was made by the referee on January 4, 1957. On request for review, the Commissioner of Motor Vehicles sustained the decision of the referee on March 1, 1957. This proceeding was commenced June 7, 1957. Petitioner claims that the four-month time limitation within which to commence a proceeding pursuant to article 78 began to run on March 1, 1957. Proceeding dismissed, without costs. The determination of January 4, 1957 was the final and binding determination to be reviewed in the proceeding. (Vehicle and Traffic Law, § 71, subds. 1, 6.) This proceeding, commenced more than four months after January 4, 1957, was not timely. (Civ. Prac. Act, § 1286.) Accordingly, we do not reach the merits of the proceeding. Present — Beldock, Murphy, Ughetta and Hallinan, JJ.; Nolan, P. J., not voting.

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Bluebook (online)

6 A.D.2d 710, 174 N.Y.S.2d 718, 1958 N.Y. App. Div. LEXIS 5878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moffett-v-kelly-nyappdiv-1958.