Harris v. Kelly

Proceeding pursuant to article 78 of the Civil Practice Act, transferred to this court pursuant to section 1296 of the Civil Practice Act, to review a determination of respondent suspending, for 30 days, the operator’s license of the petitioner for violation of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. Determination annulled, with $10 costs and disbursements. In our opinion, there was no substantial evidence to support the finding that the petitioner was guilty of gross negligence. (Cf. Matter of *786Knoepffler v. Kelly, 2 A D 2d 851.) Matter of Athenas v.…