Hessney v. Macduff

The petitioner’s license was revoked, as stated in the order, for violation of subdivision 1 of section 56 of the Vehicle and Traffic Law. The only question presented on this review is whether there is substantial evidence to sustain the determination. We find no such evidence in the record. Section 56 is the statute which regulates the speeds of motor vehicles in this State. Subdivision 1 of the section lays down a rule of reasonable care. Violation of the subdivision is a traffic infraction. (See Matter of McNellis v. Fletcher, 197 Misc. 80.)

The evidence is that petitioner was driving his…