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In the Matter of MOTOR CLUB OF AMERICA, Appellant, against THOMAS J. CURRAN, as Secretary of State of the State of New York, Respondent.

Respondent refused to accept and file a certificate of authority for petitioner-appellant to do business in this State under the name "Motor Club of America" on the ground that such name too closely resembled a name already in use, to wit, "The Automobile Club of America, Inc." We cannot say that respondent, acting in an administrative capacity, did not have a reasonable basis for his determination. If the matter was debatable the choice was his and his determination is not subject to judicial interference. Order unanimously affirmed, with $10 costs and disbursements.

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MATTER OF MOTOR CLUB OF AMERICA v. CURRAN
(Jan 19, 1949)