Kane v. Ambach

Appellate Division of the Supreme Court of New York

Kane v. Ambach

74 A.D.2d 674, 424 N.Y.S.2d 542, 1980 N.Y. App. Div. LEXIS 10361

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

DecidedFebruary 14, 1980

StatusPublished

Cited by1 cases

This text of 74 A.D.2d 674 (Kane v. Ambach) 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

Kane v. Ambach, 74 A.D.2d 674, 424 N.Y.S.2d 542, 1980 N.Y. App. Div. LEXIS 10361 (N.Y. Ct. App. 1980).

Pincite

Opinion

Proceeding initiated in this court pursuant to subdivision 4 of section 6510 of the Education Law, to review a determination of the Board of Regents suspending petitioner’s license to practice as a certified public accountant for a period of two years, said suspension stayed for its last year. The petitioner pleaded guilty to the crime of attempting to obstruct governmental administration (Penal Law, §§ 110.00, 195.05) on September 16, 1974. The matter involved an illegal attempt to affect the sentence to be imposed upon a defendant in a criminal matter then pending. The sole issue raised by this proceeding is whether or not the measure of discipline imposed is shocking to one’s sense of justice (Matter of Pell v Board of Educ., 34 NY2d 222). The petitioner does not dispute that he was permitted to establish in the administrative proceedings all of the mitigating factors as to his offense. The fact that his license to practice law was also suspended because of his criminal activity does not appear to make the instant punishment shockingly severe. Determination confirmed, and petition dismissed, without costs. Sweeney, J. P., Main, Mikoll, Casey and Herlihy, JJ., concur.

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Proceeding initiated in this court pursuant to subdivision 4 of section 6510 of the Education Law, to review a determination of the Board of Regents suspending petitioner’s license to practice as a certified public accountant for a period of two years, said suspension stayed for its last year. The petitioner pleaded guilty to the crime of attempting to obstruct governmental administration (Penal Law, §§ 110.00, 195.05) on September 16, 1974. The matter involved an illegal attempt to affect the sentence to be imposed upon a defendant in a criminal matter then pending. The sole issue raised by this proceeding is whether or not the measure of discipline imposed is shocking to one’s sense of justice (Matter of Pell v Board of Educ., 34 NY2d 222). The petitioner does not dispute that he was permitted to establish in the administrative proceedings all of the mitigating factors as to his offense. The fact that his license to practice law was also suspended because of his criminal activity does not appear to make the instant punishment shockingly severe. Determination confirmed, and petition dismissed, without costs. Sweeney, J. P., Main, Mikoll, Casey and Herlihy, JJ., concur.

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Bluebook (online)

74 A.D.2d 674, 424 N.Y.S.2d 542, 1980 N.Y. App. Div. LEXIS 10361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kane-v-ambach-nyappdiv-1980.

Opinion

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