Bejsovec v. Kelly — 4 A.D.2d 702

Majority

p. 702

In the Matter of Walter L. Bejsovec, Petitioner, against Joseph P. Kelly, as Commissioner of Motor Vehicles, Respondent.

Proceeding pursuant to article 78 of the Civil Practice Act to review a determination of respondent suspending for 60 days the chauffeur’s license of petitioner for an alleged violation of subdivision 1 of section 56 of the Vehicle and Traffic Law. The proceeding was transferred to this court (Civ. Prac. Act, § 1296). Determination annulled, with $10 costs and disbursements. There was no substantial evidence to support the determination that petitioner violated the said statutory provision (cf. Matter of Weisinger v. Macduff, 285 App. Div. 607 , 611; Matter of' Bietrichsen v. Macduff, 280 App. Div. 1016 ). Nolan, P. J., Wenzel, Murphy and Ughetta, JJ., concur; Beldock, J., dissents and votes to affirm on the ground that there was substantial evidence to support the determination.