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In the Matter of Pierre A. Renaud, against Joseph P. Kelly, as Commissioner of the Bureau of Motor Vehicles of the State of New York
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.