Matter of Hart v. Mealey

In this proceeding under article 78 of the Civil Practice Act the Appellate Division, by a non-unanimous order, has confirmed a determination by the Commissioner of Motor Vehicles revoking the appellant’s license to operate a motor vehicle. The order of revocation states the “ cause ” thereof to be “ Violation of Section 58 of the Vehicle and Traffic Law — Reckless driving.”

At 8:15 on the night of April 4, 1940, the appellant was driving in the city of Syracuse westerly along Erie boulevard, which is a paved thoroughfare fifty feet in width. As he approached the intersection of Salina street,…