Gotab v. Kelly — 6 A.D.2d 874

Majority

p. 874

In the Matter of Louis J. Gotab, Petitioner, against Joseph P. Kelly, as Commissioner of Motor Vehicles of the State of New York, Respondent.

p. 875

Proceeding to review a determination of respondent suspending the motor vehicle operator’s license of petitioner for 60 days for gross negligence in the operation of a motor vehicle (Vehicle and Traffic Law, § 71, suhd. 3, par. [e]). The proceeding has been transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, without costs. In our opinion, as a matter of law, the proof adduced failed to establish that the accident was caused by petitioner’s gross negligence. Wenzel, Murphy and Kleinfeld, JJ., concur; Nolan, P. J., and Beldock, J., dissent and vote to confirm the determination.