Opinion
November 16, 1955.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ.
This is a proceeding under article 78 of the Civil Practice Act to review a determination of the Commissioner of Motor Vehicles which revoked petitioner's chauffeur's license and his certificate of registration. Petitioner was the owner of an automobile in which he and one Snow were riding when it was involved in a serious accident on September 21, 1952. Petitioner sustained a broken back in the accident and Snow sustained a broken leg and other injuries. Actually petitioner was driving at the time and concededly had no license to drive. Petitioner falsely reported to the State Trooper who investigated that Snow was driving. The motor vehicle report which petitioner signed listed Snow as the driver. Not until a motor vehicle hearing on February 18, 1954, did petitioner admit that he was driving. In the meantime petitioner had obtained a license upon an application which, while perhaps not fraudulent, could hardly be classified as a full and frank disclosure of the information required. Upon learning from the motor vehicle hearing that petitioner had violated the Vehicle and Traffic Law by driving without a license the order of revocation here under review was made. It is petitioner's position that the commissioner could not revoke his license for an offense occurring prior to its issuance. There is no such arbitrary rule, and certainly not when the violation had been falsely denied. The law is to the contrary. ( Matter of Colonial Liq. Distrs. v. O'Connell, 295 N.Y. 129.) The commissioner acted in his discretion under the permissive paragraph (a) of subdivision 3 of section 71 Veh. Traf. of the Vehicle and Traffic Law. Determination unanimously confirmed, without costs.