
    In the Matter of Charles R. Mullin, Respondent, v. Joseph P. Kelly, as Commissioner of the Bureau of Motor Vehicles of the State of New York, Appellant.
    Argued February 28, 1961;
    decided April 20, 1961.
    
      
      Louis J. Lefkowitz, Attorney-General (Paxton Blair, Herbert J. Wallenstein and Philip J. Fitzgerald, of counsel), for appellant.
    
      Donald H. McCann for respondent.
   Order affirmed, with costs; no opinion.

Concur: Judges Fuld, 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).  