New York Court of Appeals
In the Matter of George R. Wignall, against Clifford J. Fletcher, as Commissioner of Motor Vehicles of the State of…
January 24, 1952303 N.Y. 435
Summary
The New York Court of Appeals affirmed the Appellate Division's order annulling the commissioner’s revocation of the petitioner’s driver’s license, holding that the commissioner improperly combined procedures under section 71 and subdivision 8 of section 20 without proper notice, thereby violating due process. The Court emphasized that the two statutory schemes are distinct and must be observed separately. Justice Desmond dissented, arguing that the commissioner acted within authority and that the revocation should be upheld.