Moudis v. Macduff

It may be that petitioner was guilty of ‘ ‘ gross negligence ” in the operation of a motor vehicle, warranting the suspension of his driver’s license under paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law, but *486it is questionable whether such a finding could be made upon the record before the Commissioner of Motor Vehicles and now before this court, and certainly the “ findings ” made by the referee and adopted by the commissioner are inadequate to constitute or support a finding of gross negligence in the operation of a motor vehicle.

As we have decided that the…