Willie Harmon's Auto School v. Harnett

Appellate Division of the Supreme Court of New York

Willie Harmon's Auto School v. Harnett

254 A.D. 707, 3 N.Y.S.2d 848, 1938 N.Y. App. Div. LEXIS 7207

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

DecidedApril 22, 1938

StatusPublished

This text of 254 A.D. 707 (Willie Harmon's Auto School v. Harnett) 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

Willie Harmon's Auto School v. Harnett, 254 A.D. 707, 3 N.Y.S.2d 848, 1938 N.Y. App. Div. LEXIS 7207 (N.Y. Ct. App. 1938).

Pincite

Opinion

Certiorari proceeding to review the determination of a referee deputized by respondent in suspending petitioner’s license for a driving school and service bureau for sixty days and until certain regulations and requirements of respondent shall have been complied with. Determination annulled and certiorari proceeding sustained, without costs. The referee found petitioner guilty of failure to comply with certain regulations and requirements of respondent relating to the display of signs in a proceeding involving an entirely different charge, and made no finding as to the charge actually tried. There is no proof [708]*708in the record as to any regulations or requirements of respondent relating to the display of signs. Lazansky, P. J., Hagarty, Johnston and Taylor, JJ., concur; Davis, J., dissents, votes to affirm and to make an additional finding, or to remit to make a finding, on the question presented, being convinced that petitioner was guilty of fraud and misrepresentation as charged in the complaint and on the hearing.

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Certiorari proceeding to review the determination of a referee deputized by respondent in suspending petitioner’s license for a driving school and service bureau for sixty days and until certain regulations and requirements of respondent shall have been complied with. Determination annulled and certiorari proceeding sustained, without costs. The referee found petitioner guilty of failure to comply with certain regulations and requirements of respondent relating to the display of signs in a proceeding involving an entirely different charge, and made no finding as to the charge actually tried. There is no proof [708]*708in the record as to any regulations or requirements of respondent relating to the display of signs. Lazansky, P. J., Hagarty, Johnston and Taylor, JJ., concur; Davis, J., dissents, votes to affirm and to make an additional finding, or to remit to make a finding, on the question presented, being convinced that petitioner was guilty of fraud and misrepresentation as charged in the complaint and on the hearing.

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Bluebook (online)

254 A.D. 707, 3 N.Y.S.2d 848, 1938 N.Y. App. Div. LEXIS 7207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willie-harmons-auto-school-v-harnett-nyappdiv-1938.