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Matter of Dreilinger v. MacDuff

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1956
2 A.D.2d 855 (N.Y. App. Div. 1956)

Opinion

October 15, 1956


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 Veh. Traf. of the Vehicle and Traffic Law, for an alleged violation of subdivision 1 of section 56 of said 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.


Summaries of

Matter of Dreilinger v. MacDuff

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1956
2 A.D.2d 855 (N.Y. App. Div. 1956)
Case details for

Matter of Dreilinger v. MacDuff

Case Details

Full title:In the Matter of RITA DREILINGER, Petitioner, against JAMES R. MACDUFF, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 15, 1956

Citations

2 A.D.2d 855 (N.Y. App. Div. 1956)

Citing Cases

Matter of Heilbrunn v. Kelly

There is no substantial evidence to support the determination. ( Matter of Dreilinger v. Macduff, 2 A.D.2d…