Babylon Chrysler-Plymouth, Inc. v. Tofany

Appellate Division of the Supreme Court of New York

Babylon Chrysler-Plymouth, Inc. v. Tofany

39 A.D.2d 728, 332 N.Y.S.2d 412, 1972 N.Y. App. Div. LEXIS 4674

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 8, 1972

StatusPublished

Cited by1 cases

This text of 39 A.D.2d 728 (Babylon Chrysler-Plymouth, Inc. v. Tofany) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Babylon Chrysler-Plymouth, Inc. v. Tofany, 39 A.D.2d 728, 332 N.Y.S.2d 412, 1972 N.Y. App. Div. LEXIS 4674 (N.Y. Ct. App. 1972).

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Opinion

Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated July 12, 1971 and made after a hearing, which suspended petitioner’s motor vehicle inspection station license for 60 days. Petition granted to the extent that the determination is modified, on the law, by reducing the period of suspension to the time during which the suspension was in actual effect, i.e., the number of days before the suspension became stayed by orders of the court, made in this proceeding. As so modified, determination confirmed, without costs. The findings of respondent are supported by the record, but under the circumstances of this case the penalty was excessive and its imposition was an abuse of discretion. The inspection in question was not performed in a negligent manner and there have been no prior findings of violations in petitioner’s seven years of business. Rabin, P. J., Hopkins, Martuseello, Christ and Brennan, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated July 12, 1971 and made after a hearing, which suspended petitioner’s motor vehicle inspection station license for 60 days. Petition granted to the extent that the determination is modified, on the law, by reducing the period of suspension to the time during which the suspension was in actual effect, i.e., the number of days before the suspension became stayed by orders of the court, made in this proceeding. As so modified, determination confirmed, without costs. The findings of respondent are supported by the record, but under the circumstances of this case the penalty was excessive and its imposition was an abuse of discretion. The inspection in question was not performed in a negligent manner and there have been no prior findings of violations in petitioner’s seven years of business. Rabin, P. J., Hopkins, Martuseello, Christ and Brennan, JJ., concur.

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Bluebook (online)

39 A.D.2d 728, 332 N.Y.S.2d 412, 1972 N.Y. App. Div. LEXIS 4674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babylon-chrysler-plymouth-inc-v-tofany-nyappdiv-1972.

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