Roda v. Kelly

Appellate Division of the Supreme Court of New York

Roda v. Kelly

4 A.D.2d 678, 163 N.Y.S.2d 521, 1957 N.Y. App. Div. LEXIS 5273

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

DecidedJune 3, 1957

StatusPublished

This text of 4 A.D.2d 678 (Roda v. Kelly) 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

Roda v. Kelly, 4 A.D.2d 678, 163 N.Y.S.2d 521, 1957 N.Y. App. Div. LEXIS 5273 (N.Y. Ct. App. 1957).

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Opinion

Proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of respondent suspending for 15 days the operator’s license of petitioner for an alleged violation of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. 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 determination that petitioner was operating her motor vehicle with gross negligence or in a manner showing a reckless disregard for life or property of others (cf. Matter of Almgren v. Fletcher, 304 N. Y. 547; Matter of Jenson v. Fletcher, 277 App. Div. 454, affd. 303 N. Y. 639; People v. Angelo, 246 N. Y. 451). Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ., concur.

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Proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of respondent suspending for 15 days the operator’s license of petitioner for an alleged violation of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. 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 determination that petitioner was operating her motor vehicle with gross negligence or in a manner showing a reckless disregard for life or property of others (cf. Matter of Almgren v. Fletcher, 304 N. Y. 547; Matter of Jenson v. Fletcher, 277 App. Div. 454, affd. 303 N. Y. 639; People v. Angelo, 246 N. Y. 451). Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ., concur.

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Bluebook (online)

4 A.D.2d 678, 163 N.Y.S.2d 521, 1957 N.Y. App. Div. LEXIS 5273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roda-v-kelly-nyappdiv-1957.

Opinion

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