Opinion
November 1, 1954.
A proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of respondent suspending for thirty days petitioner's license to operate a motor vehicle, has been transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, with $10 costs and disbursements. The evidence is insufficient to establish gross negligence. ( Matter of Sheridan v. Fletcher, 270 App. Div. 29; Metcalf v. Reynolds, 267 N.Y. 52; Mastruzzi v. Aloi, 269 N.Y. 637; Wyka v. Benedicks, 266 App. Div. 1025.) Nolan, P.J., Adel, Schmidt, Beldock and Murphy, JJ., concur.