Opinion
May 4, 1949.
Proceeding under article 78 of the Civil Practice Act to review a determination of the Commissioner of Motor Vehicles which revoked, after a hearing, petitioner's license to operate a motor vehicle. Petitioner's automobile, operated by himself, collided with a truck owned and operated by one Bixby, on Main Street in the village of Whitney Point. The hearing referee found petitioner guilty of reckless driving in violation of section 58 Veh. Traf. of the Vehicle and Traffic Law. We cannot say that there is no substantial evidence to sustain this finding. The determination should be confirmed, without costs. Determination confirmed, without costs. Foster, P.J., Heffernan, Brewster and Santry, JJ., concur; Deyo, J., dissents.