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MATTER OF PASK v. HULTS

30 A.D.2d 96 (1968)

In the Matter of Eugene J. Pask, 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, Fourth Department.

May 16, 1968.

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy & Fernbach (Norman E. Joslin of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Richard A. Dutcher of counsel), for respondent.

WILLIAMS, P. J., and GOLDMAN, J., concur with DEL VECCHIO, J.; WITMER, J., dissents and votes to annul the determination, in opinion, in which MARSH, J., concurs.

DEL VECCHIO, J.

This is a proceeding to review the determination of respondent revoking petitioner's operator's license after a hearing.

The minority contends that there is no substantial evidence of driving "in a manner showing a reckless disregard for life or property of others", which was the basis for the revocation, and cites cases which in our opinion are not authority for annulling the determination...

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