Stabs v. Tofany

Determination unanimously confirmed, without costs. Memorandum: The question on this appeal is whether the determination of respondent Commissioner of Motor Vehicles suspending petitioner’s operator’s license for six months and 20 days, under section 510 (subd 3, par [e]) of the Vehicle and Traffic Law, for gross negligence in the operation of his motor vehicle is justified by the evidence adduced at the motor vehicle hearing. It appears that on July 1, 1972 at about 11:00 p.m. petitioner struck and instantly killed a 17-year-old youth who was walking either on the edge of a two-lane highway…