Majority
p. 966In the Matter of Edward C. Smith, Petitioner, against James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Respondent.
A proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of respondent suspending for thirty days petitioner’s license to operate a motor vehicle, has been transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, with $10 costs and disbursements, The evidence is insufficient to establish gross negligence. (Matter of Sheridan v. Fletcher, 270 App. Div. 29 ; Metcalf V. Reynolds, 267 N. Y. 52 ; Mastruzzi v. Aloi, 269 N. Y. 637 ; Wylca v. Benedicks, 266 App. Div. 1025 .) Nolan, P. J., Adel, Schmidt, Beldock and Murphy, JJ., concur.
Cases cited
- Metcalf v. Reynolds 267 N. Y. 52 p. 966
- Mastruzzi v. Aloi 269 N. Y. 637 p. 966