Tandoc v. Luckenbach Steamship Co.

Appellate Division of the Supreme Court of New York

Tandoc v. Luckenbach Steamship Co.

5 A.D.2d 857, 171 N.Y.S.2d 381, 1958 N.Y. App. Div. LEXIS 6657

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

DecidedMarch 11, 1958

StatusPublished

Cited by2 cases

This text of 5 A.D.2d 857 (Tandoc v. Luckenbach Steamship Co.) 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

Tandoc v. Luckenbach Steamship Co., 5 A.D.2d 857, 171 N.Y.S.2d 381, 1958 N.Y. App. Div. LEXIS 6657 (N.Y. Ct. App. 1958).

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Opinion

The determination of the Commissioner of Licenses insofar as it finds petitioner guilty of the violation charged, is confirmed. However, considering the entire record, it may well be that the punishment imposed is excessive and an abuse of discretion (Civ. Prae. Act, § 1296, subd. 5-a). Petitioner, who has operated his business since 1952, has never heretofore been charged with any violation. The proceeding is remitted to the commissioner for a reconsideration of the order directing a suspension of petitioner’s license for 10 days and, as so modified, the determination is unanimously confirmed, without costs. Settle order.

Concur—-Botein, P. J., Breitel, Rabin, Frank and McNally, JJ.

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The determination of the Commissioner of Licenses insofar as it finds petitioner guilty of the violation charged, is confirmed. However, considering the entire record, it may well be that the punishment imposed is excessive and an abuse of discretion (Civ. Prae. Act, § 1296, subd. 5-a). Petitioner, who has operated his business since 1952, has never heretofore been charged with any violation. The proceeding is remitted to the commissioner for a reconsideration of the order directing a suspension of petitioner’s license for 10 days and, as so modified, the determination is unanimously confirmed, without costs. Settle order.

Concur—-Botein, P. J., Breitel, Rabin, Frank and McNally, JJ.

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Bluebook (online)

5 A.D.2d 857, 171 N.Y.S.2d 381, 1958 N.Y. App. Div. LEXIS 6657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tandoc-v-luckenbach-steamship-co-nyappdiv-1958.

Opinion

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