Full text
In the Matter of Mary G. Roda, against Joseph P. Kelly, as Commissioner of Motor Vehicles of the State of New York
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.