Opinion
October 21, 1965
Appeal from the Monroe Special Term.
Present — Williams, P.J., Bastow, Goldman and Del Vecchio, JJ.
Determination unanimously modified by reducing the penalty from revocation of the license to a 30-day suspension and as so modified, determination confirmed, without costs. Memorandum: This article 78 proceeding to review the determination of respondent, after a hearing, revoking petitioner's driver's license was transferred to this court pursuant to CPLR 7804 (subd. [g]). The determination that petitioner violated section 1154 Veh. Traf. of the Vehicle and Traffic Law by failing to use due care to avoid striking a pedestrian meets the substantial evidence requirement. However, in our opinion, respondent abused his discretion in imposing the revocation of the license as a penalty. (CPLR 7803, subd. 3.) The punishment imposed was "so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness." ( Matter of Stolz v. Board of Regents, 4 A.D.2d 361, 364.)