SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
December 22, 1969
IN THE MATTER OF JOHN D. CLARK, PETITIONER,
COMMISSIONER OF MOTOR VEHICLES, RESPONDENT
Proceeding pursuant to article 78 of the CPLR to annul respondent's determination dated June 13, 1969, which suspended petitioner's driving license for six months and pending attendance at a driver improvement clinic, for violation of section 510 (subd. 3, par. [e]) of the Vehicle and Traffic Law (gross negligence in the operation of a motor vehicle).
Brennan, Acting P. J., Hopkins, Benjamin, Martuscello and Kleinfeld, JJ., concur.
In our opinion, respondent's finding of gross negligence was supported by substantial evidence (Matter of Pask v. Hults, 30 A.D.2d 96; Matter of Deutsch v. Hults, 10 A.D.2d 724).
Determination confirmed and proceeding dismissed on the merits, without costs.
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