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MATTER OF HARRIS v. KELLY

9 A.D.2d 785 (1959)

In the Matter of Theodore D. Harris, Petitioner, v. Joseph P. Kelly, as Commissioner of the Bureau of Motor Vehicles of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 23, 1959

Determination annulled, with $10 costs and disbursements.

In our opinion, there was no substantial evidence to support the finding that the petitioner was guilty of gross negligence. (Cf. Matter of Knoepffler v. Kelly, 2 A.D.2d 851.) Matter of Athenas v. Macduff (286 App. Div. 869, affd. 309 N.Y. 816), relied on by respondent, is inapplicable...

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