Cohen v. Splain
| Decision Date | 20 July 1943 |
| Citation | 291 N.Y. 558,50 N.E.2d 658 |
| Parties | Sol COHEN, Appellant, v. John SPLAIN, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Second Department, 266 App.Div. 678, 41 N.Y.S.2d 567.
Proceedings in the matter of the application of Sol Cohen, doing business under the firm name and style of Brooklyn Auto School, against John Splain, as Commissioner of Motor Vehicles of the State of New York. On December 12, 1932, a license was issued to petitioner permitting him to conduct for a period of five years an automobile drivers' school. On December 12, 1937, the license was renewed for a further period of five years. By the Laws of 1938, c. 255, s 1 effective July 1, 1938, the Vehicle and Traffic Law, s 7, subd. 1, Consol.Laws, c. 71, was amended to prohibit licensing or renewal of licensing of operation of automobile drivers' schools within 1500 feet of a building within which motor vehicle registrations or licenses to drive motor vehicles are issued to the public.
A renewal of his license for a further period of five years was denied on the ground that the address at which the petitioner intended to continue the operation of its business was located within 1500 feet of the local office of the Bureau of Motor Vehicles. The proceeding was pursuant to Article 78, s 1283 et seq. of the Civil Practice Act to challenge the propriety of such denial.
An order of the Special Term denying the petitioner's motion for an order directing the commissioner to renew the license, Misc. , 42 N.Y.S.2d 498, was affirmed by the Appellate Division, 266 App.Div. 678, 41 N.Y.S.2d 567, and the petitioner appeals.
Affirmed.
Soloway & Soloway, of Brooklyn, for appellant.
Nathaniel L. Goldstein, Atty. Gen. , for respondent.
Order affirmed with costs.
All concur.
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