Raimund Corssen Co. v. State of New York Department of Motor Vehicles

Appellate Division of the Supreme Court of New York

Raimund Corssen Co. v. State of New York Department of Motor Vehicles

277 A.D.2d 318, 715 N.Y.S.2d 668, 2000 N.Y. App. Div. LEXIS 11769

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

DecidedNovember 13, 2000

StatusPublished

This text of 277 A.D.2d 318 (Raimund Corssen Co. v. State of New York 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

Raimund Corssen Co. v. State of New York Department of Motor Vehicles, 277 A.D.2d 318, 715 N.Y.S.2d 668, 2000 N.Y. App. Div. LEXIS 11769 (N.Y. Ct. App. 2000).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent, rendered March 10, 1999, which confirmed a determination of an Administrative Law Judge, made after a hearing, sustaining Charges 1 and 2, charging that the petitioner failed to make repairs covered by a warranty and failed to have adequate equipment or competent personnel to perform the services it offered, and imposed a penalty in the sum of $6,789.56.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the respondent’s determination that it failed to make repairs covered by a warranty and failed to have adequate equipment or competent personnel to perform the services it offered is supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Simpson v Wolansky, 38 NY2d 391; Matter of Collins v Codd, 38 NY2d 269; Matter of Teahan v Bates, 97 AD2d 768). Altman, J. P., Goldstein, McGinity and Luciano, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent, rendered March 10, 1999, which confirmed a determination of an Administrative Law Judge, made after a hearing, sustaining Charges 1 and 2, charging that the petitioner failed to make repairs covered by a warranty and failed to have adequate equipment or competent personnel to perform the services it offered, and imposed a penalty in the sum of $6,789.56.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the respondent’s determination that it failed to make repairs covered by a warranty and failed to have adequate equipment or competent personnel to perform the services it offered is supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Simpson v Wolansky, 38 NY2d 391; Matter of Collins v Codd, 38 NY2d 269; Matter of Teahan v Bates, 97 AD2d 768). Altman, J. P., Goldstein, McGinity and Luciano, JJ., concur.

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Bluebook (online)

277 A.D.2d 318, 715 N.Y.S.2d 668, 2000 N.Y. App. Div. LEXIS 11769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raimund-corssen-co-v-state-of-new-york-department-of-motor-vehicles-nyappdiv-2000.

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