Clark v. Macduff

Determination annulled on the law and respondent directed to restore petitioner’s license, with $50 costs and disbursements to petitioner. Memorandum: This is a review under article 78 of the determination of the Commissioner of Motor Vehicles revoking the chauffeur’s license of the petitioner. The revocation states: “ CAUSE: Violation of Section 71-3e of the Vehicle & Traffic Law — gross negligence in the operation of a motor vehicle.” Gross negligence within the meaning of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law has been defined as a disregard of the consequences which may ensue from the act and indifference to the rights of others — reckless disregard for the life and property of others. (See Matter of Jenson v. Fletcher, 277 App. Div. 454 , and cases cited, affd. 303 N. Y. 639 .) While the evidence adduced at the hearing is sufficient to support a finding of negligence, we find no substantial evidence in support of the additional elements necessary to constitute gross negligence. All concur. (Review of a determination by the Commissioner of Motor Vehicles, revoking petitioner’s chauffeur’s license.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.