Opinion
Argued January 11, 1940
Decided January 25, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, SCHENCK, J.
Roy P. Monahan, James F. Sharkey and Arthur C. Goldberg for appellant.
John J. Bennett, Jr., Attorney-General ( Henry Epstein and Vincent Kiebala of counsel), for Commissioner of Motor Vehicles, respondent.
Order affirmed, with costs, on the ground that the statute is in violation of the Fourteenth Amendment of the Constitution of the United States. We pass on no other point. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.