
    In the Matter of John A. Donaldson, Petitioner, against James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Respondent.
   Proceeding, pursuant to article 78 of the Civil Practice Act, to review respondent’s determination, suspending petitioner’s license to drive a motor vehicle, transferred to this court by an order made by Special Term. (Civ. Prac. Act, § 1296.) Determination annulled, without costs. The facts as found by the referee of the Bureau of Motor Vehicles, after a hearing, do not support his conclusion that petitioner operated a motor vehicle with gross negligence or in a manner showing a reckless disregard for life or property of others within the meaning of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. Nolan, P. J., Adel, Wenzel, Schmidt and Beldock, JJ., concur.  