MATTER OF SAPPERN v. HULTS, 9 N.Y.2d 833 (1961)

175 N.E.2d 351, 215 N.Y.S.2d 776

In the Matter of LILLIAN SAPPERN, Respondent, v. WILLIAM S. HULTS, as Commissioner of Motor Vehicles of the State of New York, Appellant.

Court of Appeals of the State of New York.Argued February 28, 1961
Decided April 20, 1961

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Page 834

Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for appellant.

Hyman B. Schutzer for respondent.

Order affirmed, with costs; no opinion.

Concur: Judges FULD, FROESSEL, VAN VOORHIS and FOSTER. Chief Judge DESMOND and Judges DYE and BURKE dissent and vote to reverse and to reinstate the determination of the Commissioner (Matter of Donahue v. Fletcher, 299 N.Y. 227).