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In the Matter of Rita Dreilinger, against James R. Macduff, as Commissioner of Motor Vehicles of the State of New York
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 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 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.