¶1Proceeding pursuant to article 78 of the CPLR to review respondent’s determination dated March 3, 1972, which, after a hearing, suspended petitioner’s driver’s license for 60 days. Determination modified, on the law, by reducing the period of suspension to five days. As so modified, determination confirmed, without costs. *979In our opinion, the penalty imposed was excessive and an abuse of discretion to the extent indicated herein. Rabin, P. J., Hopkins, Martuscello, Latham and Christ, JJ., concur.
40 A.D.2d 978
Montecalvo v. Tofany
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 1972
Appellate Division of the Supreme Court of the State of New York · decided 1972-12-04
Decided 1972-12-04