Opinion
July 5, 1961
Proceeding under article 78 of the Civil Practice Act to review and annul a determination of the Commissioner of Motor Vehicles, revoking the petitioner's operator's license (Vehicle and Traffic Law, § 510, subd. 3, par. [e]) on the ground of gross negligence. By order of the Supreme Court, Kings County, dated May 10, 1961, made pursuant to section 1296 of the Civil Practice Act, the proceeding has been transferred to this court for disposition. Determination annulled, without costs. In our opinion, there is no substantial evidence in the record to support the respondent's determination that the petitioner was operating his motor vehicle in a grossly negligent manner at the time and place of the accident here involved. Beldock, Acting P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.