Opinion
May 12, 1960
Appeal from the Broome Special Term.
Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.
Determination unanimously annulled on the law and respondent directed to restore petitioner's license, with $50 costs and disbursements. Memorandum: The petitioner's operator's license was revoked following a hearing for "Violation of Section 58 Veh. Traf. of the Vehicle and Traffic Law — reckless driving". While there is proof in the record upon which a finding might possibly be based of ordinary negligence, we find no substantial evidence that petitioner operated his vehicle in such a manner as to constitute reckless driving as defined in the statute.