Opinion
Argued January 21, 1963
Decided February 21, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Louis J. Lefkowitz, Attorney-General ( Paxton Blair and Herbert J. Wallenstein of counsel), for appellant.
Lewis I. Wolf and Emanuel Morgenbesser for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Judge DYE dissents and votes to reverse and to reinstate the determination of the Commissioner of Motor Vehicles upon the ground that there is substantial evidence to support his finding of gross negligence in the operation of a motor vehicle.