Marksamer v. Guggenheimer

New York Court of Appeals

Marksamer v. Guggenheimer

374 N.E.2d 128, 43 N.Y.2d 857, 403 N.Y.S.2d 217, 1978 N.Y. LEXIS 1785

CourtNew York Court of Appeals

DecidedFebruary 7, 1978

StatusPublished

Cited by1 cases

This text of 374 N.E.2d 128 (Marksamer v. Guggenheimer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marksamer v. Guggenheimer, 374 N.E.2d 128, 43 N.Y.2d 857, 403 N.Y.S.2d 217, 1978 N.Y. LEXIS 1785 (N.Y. 1978).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed and the two-month suspension of petitioner’s license imposed by respondent Commissioner of the Department of Consumer Affairs is reinstated, with costs.

Upon the commissioner’s determination that a false affidavit of service had been filed by the petitioner, it should not be said that the sanction imposed was "shockingly disproportionate to the offense”. (Matter of Pell v Board of Educ., 34 NY2d 222, 236; Matter of Butterly & Green, v Lomenzo, 36 NY2d 250.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Judgment reversed, etc.

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