Knock-Out-Carpentry Problems, Inc. v. Picken

Appellate Division of the Supreme Court of New York

Knock-Out-Carpentry Problems, Inc. v. Picken

81 A.D.2d 639, 441 N.Y.S.2d 407, 1981 N.Y. App. Div. LEXIS 11152

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

DecidedApril 20, 1981

StatusPublished

This text of 81 A.D.2d 639 (Knock-Out-Carpentry Problems, Inc. v. Picken) 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

Knock-Out-Carpentry Problems, Inc. v. Picken, 81 A.D.2d 639, 441 N.Y.S.2d 407, 1981 N.Y. App. Div. LEXIS 11152 (N.Y. Ct. App. 1981).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Office of Consumer Affairs dated September 12, 1980, which, after a hearing, revoked petitioner’s home improvement license. Determination confirmed and proceeding dismissed on the merits, with costs. The determination of the respondent commissioner is supported by substantial evidence on the record (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Furthermore, the penalty imposed (revocation of the license) was not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Damiani, J.P., Mangano, Gibbons and Gulotta, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Office of Consumer Affairs dated September 12, 1980, which, after a hearing, revoked petitioner’s home improvement license. Determination confirmed and proceeding dismissed on the merits, with costs. The determination of the respondent commissioner is supported by substantial evidence on the record (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Furthermore, the penalty imposed (revocation of the license) was not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Damiani, J.P., Mangano, Gibbons and Gulotta, JJ., concur.

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Bluebook (online)

81 A.D.2d 639, 441 N.Y.S.2d 407, 1981 N.Y. App. Div. LEXIS 11152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knock-out-carpentry-problems-inc-v-picken-nyappdiv-1981.

Opinion

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