Renaud v. Kelly

Appellate Division of the Supreme Court of New York

Renaud v. Kelly

10 A.D.2d 580, 195 N.Y.S.2d 675, 1960 N.Y. App. Div. LEXIS 12170

Appellate Division of the Supreme Court of the State of New York·Decided January 18, 1960·Published

Opinion

Proceeding to review a determination of respondent suspending for 30 days the operator’s license of petitioner for violation of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. The proceeding has been transferred to this court for determination (Civ. Prac. Act, § 1296). Determination annulled, without costs. In our opinion, there was no substantial evidence to support the finding that petitioner was guilty of gross negligence. (Cf. Matter of Harris v. Kelly, 9 A D 2d 785; Matter of Jenson v. Fletcher, 277 App. Div. 454, affd. 303 N. Y. 639.) Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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Proceeding to review a determination of respondent suspending for 30 days the operator’s license of petitioner for violation of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. The proceeding has been transferred to this court for determination (Civ. Prac. Act, § 1296). Determination annulled, without costs. In our opinion, there was no substantial evidence to support the finding that petitioner was guilty of gross negligence. (Cf. Matter of Harris v. Kelly, 9 A D 2d 785; Matter of Jenson v. Fletcher, 277 App. Div. 454, affd. 303 N. Y. 639.) Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

Renaud v. Kelly, 10 A.D.2d 580, 195 N.Y.S.2d 675, 1960 N.Y. App. Div. LEXIS 12170 (N.Y. Ct. App. 1960).

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