
    In the Matter of Carl H. Bailey, Respondent, v. William S. Hults, as Commissioner of Motor Vehicles of the State of New York, Appellant.
    Argued February 28, 1961;
    decided April 20, 1961.
    
      
      Louis J. Lefkdwitz, Attorney-General (Paxton Blair, Herman P. Nehlsen and Philip J. Fitzgerald of counsel), for appellant.
    
      Sigmund Schwartz for respondent.
   Order affirmed, with costs; no opinion.

Concur: Judges Fulo, 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).  