Dietrichsen v. Macduff

This is a proceeding under article 78 of the Civil Practice -Act to review a determination of the respondent Commissioner of Motor Vehicles which revoked petitioner’s operator’s license. The sole cause given for the revocation is a violation of that portion of subdivision 1 of section 56 of the Vehicle and Traffic Law, which provides: “No person shall operate a motor vehicle * * * at a rate of speed greater than will permit such person to bring the vehicle to a stop without injury to another or his property.” Petitioner has had a hearing before a referee at which petitioner and his wife were…