Morgan v. Tofany

Appellate Division of the Supreme Court of New York

Morgan v. Tofany

29 A.D.2d 565, 286 N.Y.S.2d 305, 1967 N.Y. App. Div. LEXIS 2624

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

DecidedDecember 29, 1967

StatusPublished

This text of 29 A.D.2d 565 (Morgan v. Tofany) 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

Morgan v. Tofany, 29 A.D.2d 565, 286 N.Y.S.2d 305, 1967 N.Y. App. Div. LEXIS 2624 (N.Y. Ct. App. 1967).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to annul respondent’s determination suspending petitioner’s driver’s license for 60 days for a violation of subdivision (a) of section 1120 of the Vehicle and Traffic Law, petition granted to the extent that the determination is modified by reducing the period of suspension to 10 days, with credit for the time the license was heretofore detained by respondent, and determination confirmed as so modified, without costs. While it may not be said, on this record, that the determination was unsupported by substantial evidence (cf. Matter of Watte camps v. Suits, 13 A D 2d 1009; Matter of Kmiedk v. Suits, 9 A D 2d 1010), we believe that under all the circumstances suspension of petitioner’s license for 60 days was not warranted. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuseello, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to annul respondent’s determination suspending petitioner’s driver’s license for 60 days for a violation of subdivision (a) of section 1120 of the Vehicle and Traffic Law, petition granted to the extent that the determination is modified by reducing the period of suspension to 10 days, with credit for the time the license was heretofore detained by respondent, and determination confirmed as so modified, without costs. While it may not be said, on this record, that the determination was unsupported by substantial evidence (cf. Matter of Watte camps v. Suits, 13 A D 2d 1009; Matter of Kmiedk v. Suits, 9 A D 2d 1010), we believe that under all the circumstances suspension of petitioner’s license for 60 days was not warranted. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuseello, JJ., concur.

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Bluebook (online)

29 A.D.2d 565, 286 N.Y.S.2d 305, 1967 N.Y. App. Div. LEXIS 2624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-tofany-nyappdiv-1967.