
    In the Matter of Robert Leopold, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of the State of New York, Appellant.
   Judgment, Supreme Court, New York County, entered on October 19, 1971, unanimously affirmed, without costs and without disbursements. We treat the proceeding as if it had been transferred in the first instance (CPLR 7804, subd. [g]). Upon this record we find the determination of the Commissioner was not supported by substantial evidence. Concur—Stevens, P. J., Capozzoli, Markewich, Murphy and McNally, JJ.  