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Matter of Mullin v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1960
10 A.D.2d 719 (N.Y. App. Div. 1960)

Opinion

March 14, 1960


Proceeding to review a determination of the respondent suspending, for 30 days, petitioner's license to operate a motor vehicle, for a violation of paragraph (e) of subdivision 3 of section 71 Veh. Traf. of the Vehicle and Traffic Law. The proceeding has been transferred to this court for disposition (Civ. Prac. Act, § 1296). Determination annulled, without costs. There is no substantial evidence to support the determination that petitioner was operating his motor vehicle with gross negligence or in a manner showing a reckless disregard for life or property of others (cf. Matter of Roda v. Kelly, 4 A D 678; Matter of Harris v. Kelly, 9 A.D.2d 785).


This petitioner was making a left turn across a highway at a place where there was no intersection, without giving the right of way to an oncoming motorcycle, the headlight of which petitioner saw. In my opinion, this constitutes the substantial evidence required.


Summaries of

Matter of Mullin v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1960
10 A.D.2d 719 (N.Y. App. Div. 1960)
Case details for

Matter of Mullin v. Kelly

Case Details

Full title:In the Matter of CHARLES R. MULLIN, Petitioner, against JOSEPH P. KELLY…

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

Date published: Mar 14, 1960

Citations

10 A.D.2d 719 (N.Y. App. Div. 1960)

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