Perillo v. Commissioner of the Department of Motor Vehicles

Appellate Division of the Supreme Court of New York

Perillo v. Commissioner of the Department of Motor Vehicles

63 A.D.2d 939, 406 N.Y.S.2d 103, 1978 N.Y. App. Div. LEXIS 11962

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

DecidedJune 20, 1978

StatusPublished

Cited by1 cases

This text of 63 A.D.2d 939 (Perillo v. Commissioner of the Department of Motor Vehicles) 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

Perillo v. Commissioner of the Department of Motor Vehicles, 63 A.D.2d 939, 406 N.Y.S.2d 103, 1978 N.Y. App. Div. LEXIS 11962 (N.Y. Ct. App. 1978).

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Opinion

Determination of the Department of Motor Vehicles, dated June 6, 1977, revoking petitioner’s license to operate and maintain an automobile repair shop, unanimously modified, on the law, without costs or disbursements, to the extent of reducing the penalty to a suspension for six months and, except, as thus modified, confirmed. The record amply supports the finding that petitioner violated 15 NYCRR 82.5 (b) by making an unauthorized repair. We conclude, however, that revocation was an excessive penalty since the violation appears to be an isolated incident for petitioner who has spent his entire adult life in the motor vehicle repair business. Thus, we modify the penalty to the extent indicated. Concur—Birns, J. P., Silverman, Fein, Markewich and Sullivan, JJ.

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Determination of the Department of Motor Vehicles, dated June 6, 1977, revoking petitioner’s license to operate and maintain an automobile repair shop, unanimously modified, on the law, without costs or disbursements, to the extent of reducing the penalty to a suspension for six months and, except, as thus modified, confirmed. The record amply supports the finding that petitioner violated 15 NYCRR 82.5 (b) by making an unauthorized repair. We conclude, however, that revocation was an excessive penalty since the violation appears to be an isolated incident for petitioner who has spent his entire adult life in the motor vehicle repair business. Thus, we modify the penalty to the extent indicated. Concur—Birns, J. P., Silverman, Fein, Markewich and Sullivan, JJ.

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Bluebook (online)

63 A.D.2d 939, 406 N.Y.S.2d 103, 1978 N.Y. App. Div. LEXIS 11962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perillo-v-commissioner-of-the-department-of-motor-vehicles-nyappdiv-1978.

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