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Renaud v. Kelly

10 A.D.2d 580 Court N.Y. App. Div. Decision date 1960-01-18 English

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p. 580
In the Matter of Pierre A. Renaud, Petitioner, against Joseph P. Kelly, as Commissioner of the Bureau of Motor Vehicles of the State of New York, Respondent.

Proceeding to review a determination of respondent suspending for 30 days the operator’s license of petitioner for violation of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. The proceeding has been transferred to this court for determination (Civ. Prac. Act, § 1296). Determination annulled, without costs. In our opinion, there was no substantial evidence to support the finding that petitioner was guilty of gross negligence. (Cf. Matter of Harris v. Kelly, 9 A D 2d 785 ; Matter of Jenson v. Fletcher, 277 App. Div. 454 , affd. 303 N. Y. 639 .) Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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