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MATTER OF MOUDIS v. MACDUFF

286 A.D. 485 (1955)

In the Matter of Ross Moudis, Petitioner, v. James R. Macduff, as Commissioner of Motor Vehicles, Respondent

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

October 11, 1955.

Attorney(s) appearing for the Case

Melvin D. Freidel for petitioner.

Irving L. Rollins of counsel (Henry S. Manley with him on the brief; Jacob K. Javits, Attorney-General, attorney), for respondent.

PECK, P. J., COHN, BREITEL, BASTOW and COX, JJ., concur.

Per Curiam.

It may be that petitioner was guilty of "gross negligence" in the operation of a motor vehicle, warranting the suspension of his driver's license under paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law, but it is questionable whether such a finding could be made upon the record before the Commissioner of Motor Vehicles and now before this court, and certainly the "findings" made...

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