
    In the Matter of Clement J. Tormey, Petitioner, against Joseph P. Kelly, as Commissioner of Motor Vehicles of the State of New York, Respondent.
   Proceeding pursuant to article 78 of the Civil Practice Act to review a determination of respondent suspending for 30 days petitioner’s license to drive a motor vehicle for violation of paragraph (e) of subdivision 3 of section 71 of the Vehicle and Traffic Law. The proceeding has been transferred to this court (Civ. Prac. Act, § 1296). Determination annulled, with $10 costs and disbursements. In our opinion, the evidence adduced did not meet the standard required for a finding of gross negligence. While there is evidence of ordinary negligence, we find no substantial evidence that petitioner operated his motor vehicle in such manner as to constitute a disregard of the consequences or indifference to the rights of others, as required by the statute. Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.  