Donnell v. Shaffer

Appellate Division of the Supreme Court of New York

Donnell v. Shaffer

112 A.D.2d 1087, 493 N.Y.S.2d 65, 1985 N.Y. App. Div. LEXIS 52295

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

DecidedAugust 26, 1985

StatusPublished

This text of 112 A.D.2d 1087 (Donnell v. Shaffer) 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

Donnell v. Shaffer, 112 A.D.2d 1087, 493 N.Y.S.2d 65, 1985 N.Y. App. Div. LEXIS 52295 (N.Y. Ct. App. 1985).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Secretary of State, made after a hearing, which suspended petitioner’s private investigator’s license for failure to maintain records pursuant to 19 NYCRR 173.2, the appeal is from a judgment of the Supreme Court, Nassau County (Christ, J.), entered September 12, 1980, which, inter alia, dismissed the proceeding on the merits.

Judgment affirmed, with costs.

A review of the record reveals vague and contradictory testimony by petitioner regarding the nature of his services, the disposition of fees and expenses, the sources of payment, and how his records came to be destroyed.

The determination that petitioner violated 19 NYCRR 173.2 by failing to maintain his records for a period of three years was supported by substantial evidence (Matter of Pell v Board of Educ., 34 NY2d 222). Furthermore, under the circumstances of this case, the penalty imposed was not shocking to one’s sense of fairness (Matter of Pell v Board of Educ., supra). Lazer, J. P., Gibbons, Bracken and Niehoff, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Secretary of State, made after a hearing, which suspended petitioner’s private investigator’s license for failure to maintain records pursuant to 19 NYCRR 173.2, the appeal is from a judgment of the Supreme Court, Nassau County (Christ, J.), entered September 12, 1980, which, inter alia, dismissed the proceeding on the merits.

Judgment affirmed, with costs.

A review of the record reveals vague and contradictory testimony by petitioner regarding the nature of his services, the disposition of fees and expenses, the sources of payment, and how his records came to be destroyed.

The determination that petitioner violated 19 NYCRR 173.2 by failing to maintain his records for a period of three years was supported by substantial evidence (Matter of Pell v Board of Educ., 34 NY2d 222). Furthermore, under the circumstances of this case, the penalty imposed was not shocking to one’s sense of fairness (Matter of Pell v Board of Educ., supra). Lazer, J. P., Gibbons, Bracken and Niehoff, JJ., concur.

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Bluebook (online)

112 A.D.2d 1087, 493 N.Y.S.2d 65, 1985 N.Y. App. Div. LEXIS 52295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donnell-v-shaffer-nyappdiv-1985.