Dreilinger v. Macduff

Appellate Division of the Supreme Court of New York

Dreilinger v. Macduff

2 A.D.2d 855, 155 N.Y.S.2d 857, 1956 N.Y. App. Div. LEXIS 4195

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1956

StatusPublished

This text of 2 A.D.2d 855 (Dreilinger v. Macduff) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dreilinger v. Macduff, 2 A.D.2d 855, 155 N.Y.S.2d 857, 1956 N.Y. App. Div. LEXIS 4195 (N.Y. Ct. App. 1956).

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Opinion

Proceeding under article 78 of the Civil Practice Act to review a determination of respondent suspending the operator’s license of petitioner for 15 days, pursuant to paragraph (a) of subdivision 3 of section 71 of the Vehicle and Traffic Law, for an alleged violation of subdivision 1 of section 56 of said [856]*856law. The proceeding has been transferred to this court. (Civ. Prac. Act, § 1296.) Determination annulled, with $10 costs and disbursements. There is no substantial evidence to support the conclusion of the referee, after a hearing, that the petitioner was operating her motor vehicle at such a speed as to endanger the life, limb or property of others, or at a rate of speed greater than would permit her to bring the vehicle to a stop without injury to another or his property. (Cf. Matter of Weisinger v. Macduff, 285 App. Div. 607, 611; Matter of Hessney v. Macduff, 284 App. Div. 70, 72; Matter of Wyman v. Fletcher, 277 App. Div. 19, 21.) Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ., concur.

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Proceeding under article 78 of the Civil Practice Act to review a determination of respondent suspending the operator’s license of petitioner for 15 days, pursuant to paragraph (a) of subdivision 3 of section 71 of the Vehicle and Traffic Law, for an alleged violation of subdivision 1 of section 56 of said [856]*856law. The proceeding has been transferred to this court. (Civ. Prac. Act, § 1296.) Determination annulled, with $10 costs and disbursements. There is no substantial evidence to support the conclusion of the referee, after a hearing, that the petitioner was operating her motor vehicle at such a speed as to endanger the life, limb or property of others, or at a rate of speed greater than would permit her to bring the vehicle to a stop without injury to another or his property. (Cf. Matter of Weisinger v. Macduff, 285 App. Div. 607, 611; Matter of Hessney v. Macduff, 284 App. Div. 70, 72; Matter of Wyman v. Fletcher, 277 App. Div. 19, 21.) Nolan, P. J., Wenzel, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

2 A.D.2d 855, 155 N.Y.S.2d 857, 1956 N.Y. App. Div. LEXIS 4195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dreilinger-v-macduff-nyappdiv-1956.

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