Appellate Division of the Supreme Court of New York, 1970

Aaron v. Tofany

Aaron v. Tofany
Appellate Division of the Supreme Court of New York · Decided January 26, 1970
33 A.D.2d 922; 307 N.Y.S.2d 687; 1970 N.Y. App. Div. LEXIS 5652
Aaron v. Tofany

Opinion of the Court

Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated May 5, 1969, which suspended petitioner’s driving license for 30 days for a violation of section 510 (subd. 3, par. [e]) of the Vehicle and Traffic Law (gross negligence in the operation of a motor vehicle). Determination annulled, on the law, with costs. In our opinion, respondent’s finding of gross negligence was not supported by substantial evidence and the resulting suspension for 30 days constituted an abuse of discretion (Matter of Kops v. Hults, 29 A D 2d 687; Matter of [Harris v. Kelly, 9 A D 2d 785; Matter of Ghersan v. Hults, 13 A D 2d 1007; Matter of Sappern v. Hults, 11 A D 2d 776; Matter of Disney v. Hults, 16 A D 2d 494; Matter of Sheridan v. Fletcher, 270 App. Div. 29). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.'

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