Cumberbatch v. Lomenzo

Appellate Division of the Supreme Court of New York

Cumberbatch v. Lomenzo

52 A.D.2d 636, 383 N.Y.S.2d 546, 1976 N.Y. App. Div. LEXIS 12287

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

DecidedApril 26, 1976

StatusPublished

This text of 52 A.D.2d 636 (Cumberbatch v. Lomenzo) 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

Cumberbatch v. Lomenzo, 52 A.D.2d 636, 383 N.Y.S.2d 546, 1976 N.Y. App. Div. LEXIS 12287 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated August 15, 1973 and made after a hearing, which, inter alia, found petitioner guilty of untrustworthiness. Determination confirmed and petition dismissed on the merits, with costs. The determination of the Secretary of State was supported by substantial evidence. Hopkins, Acting P. J., Latham and Hawkins, JJ., concur; Martuscello and Shapiro, JJ., dissent and vote to annul the determination and grant the application, with the following memorandum: In our opinion the determination of untrustworthiness was not supported by substantial evidence.

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Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated August 15, 1973 and made after a hearing, which, inter alia, found petitioner guilty of untrustworthiness. Determination confirmed and petition dismissed on the merits, with costs. The determination of the Secretary of State was supported by substantial evidence. Hopkins, Acting P. J., Latham and Hawkins, JJ., concur; Martuscello and Shapiro, JJ., dissent and vote to annul the determination and grant the application, with the following memorandum: In our opinion the determination of untrustworthiness was not supported by substantial evidence.

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Bluebook (online)

52 A.D.2d 636, 383 N.Y.S.2d 546, 1976 N.Y. App. Div. LEXIS 12287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cumberbatch-v-lomenzo-nyappdiv-1976.