Gulla v. Lomenzo

Appellate Division of the Supreme Court of New York

Gulla v. Lomenzo

42 A.D.2d 592, 344 N.Y.S.2d 962, 1973 N.Y. App. Div. LEXIS 4157

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

DecidedJune 18, 1973

StatusPublished

This text of 42 A.D.2d 592 (Gulla 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

Gulla v. Lomenzo, 42 A.D.2d 592, 344 N.Y.S.2d 962, 1973 N.Y. App. Div. LEXIS 4157 (N.Y. Ct. App. 1973).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to review a determination of the respondent Secretary of State, dated October 12, 1972, which denied petitioner’s application for a private investigator’s license, after a hearing. Determination annulled, on the law, without costs, and matter remitted to said respondent for further consideration not inconsistent herewith. From 1964 until the time petitioner applied for the license in 1971 he was retained by a law firm in the capacity of an investigator. The ground upon which his application for a license was denied was that it was found that he had not met the statutory requirement of regular employment as a private investigator for a period of not less than three years (General Business Law, § 72, subd. 1). The record shows that petitioner employed his time and talents in compliance with the statute and that his work was as an investigator. His services as an independent contractor for the law firm for about seven years qualified him as a candidate for licensing under a liberal reading of the statute. To hold to the contrary would not be in furtherance of the legislative intent. Rabin, P. J., Hopkins, Martuscello, Shapiro and Christ, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to review a determination of the respondent Secretary of State, dated October 12, 1972, which denied petitioner’s application for a private investigator’s license, after a hearing. Determination annulled, on the law, without costs, and matter remitted to said respondent for further consideration not inconsistent herewith. From 1964 until the time petitioner applied for the license in 1971 he was retained by a law firm in the capacity of an investigator. The ground upon which his application for a license was denied was that it was found that he had not met the statutory requirement of regular employment as a private investigator for a period of not less than three years (General Business Law, § 72, subd. 1). The record shows that petitioner employed his time and talents in compliance with the statute and that his work was as an investigator. His services as an independent contractor for the law firm for about seven years qualified him as a candidate for licensing under a liberal reading of the statute. To hold to the contrary would not be in furtherance of the legislative intent. Rabin, P. J., Hopkins, Martuscello, Shapiro and Christ, JJ., concur.

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Bluebook (online)

42 A.D.2d 592, 344 N.Y.S.2d 962, 1973 N.Y. App. Div. LEXIS 4157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulla-v-lomenzo-nyappdiv-1973.