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MATTER OF SAPPERN v. HULTS

11 A.D.2d 776 (1960)

In the Matter of Lillian Sappern, Petitioner, v. William S. Hults, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

July 5, 1960

Determination annulled on the law and the facts, with $10 costs and disbursements, and matter remitted to the Commissioner of Motor Vehicles for further action consistent herewith. Findings of fact insofar as they may be inconsistent herewith are reversed and new findings are made as indicated herein.

In our opinion there is no substantial evidence to support a finding that the petitioner was guilty of gross negligence (cf. Matter of Tormey v. Kelly,

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