Opinion
November 6, 1961
Proceeding under article 78 of the Civil Practice Act, to review and annul respondent's determination revoking petitioner's chauffeur's license to operate a motor vehicle by reason of his gross negligence. By order of the Supreme Court, Suffolk County, dated May 3, 1961, the proceeding was transferred to this court for disposition pursuant to section 1296 of the Civil Practice Act. Determination confirmed, without costs. After a hearing, respondent found that, despite the lack of any substantial visibility due to a blinding snowstorm, petitioner proceeded with his automobile at a speed of 25 miles per hour and was in successive collisions with two stopped vehicles; and that under all the circumstances petitioner was guilty of gross negligence. In our opinion, the evidence supports respondent's findings. Nolan, P.J., Ughetta, Christ and Brennan, JJ., concur; Pette, J., concurs in the confirmation of the respondent's determination, but dissents as to the punishment imposed upon the petitioner, with the following memorandum: In view of the 30-day suspension of license imposed upon another driver involved in a companion case arising out of the same accident ( Matter of Wattecamps v. Hults, 13 A.D.2d 1009), the revocation of petitioner's license seems harsh and excessive. In my opinion, the punishment should be moderated to a suspension of 30 days.