Weston v. Adduci

Appellate Division of the Supreme Court of New York

Weston v. Adduci

140 A.D.2d 444, 528 N.Y.S.2d 146, 1988 N.Y. App. Div. LEXIS 5045

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

DecidedMay 9, 1988

StatusPublished

Cited by3 cases

This text of 140 A.D.2d 444 (Weston v. Adduci) 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

Weston v. Adduci, 140 A.D.2d 444, 528 N.Y.S.2d 146, 1988 N.Y. App. Div. LEXIS 5045 (N.Y. Ct. App. 1988).

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Opinion

The petitioner claims that because the respondents’ investigator failed to specifically identify the individual who performed the allegedly inadequate vehicle inspection, the determination is not supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222). His own testimony, however, identifying the employee and acknowledging that an inspection was conducted, vitiates this argument. Moreover, the petitioner was not deprived of a fair hearing. The record discloses that the petitioner had an ample opportunity to cross-examine the witness who gave material testimony against him (see, Matter of Erdman v Ingraham, 28 AD2d 5).

The petitioner’s contention that the employee and not the petitioner is ultimately responsible for the illegal conduct is without merit (see, 15 NYCRR 79.8 [b]; 79.17 [c] [1]). Lastly, the penalty of license revocation was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Schaubman v Blum, 49 NY2d 375; Matter of Purdy v Kreis[445]*445berg, 47 NY2d 354; Matter of Pell v Board of Educ., supra). Weinstein, J. P., Eiber, Sullivan and Balletta, JJ., concur.

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The petitioner claims that because the respondents’ investigator failed to specifically identify the individual who performed the allegedly inadequate vehicle inspection, the determination is not supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222). His own testimony, however, identifying the employee and acknowledging that an inspection was conducted, vitiates this argument. Moreover, the petitioner was not deprived of a fair hearing. The record discloses that the petitioner had an ample opportunity to cross-examine the witness who gave material testimony against him (see, Matter of Erdman v Ingraham, 28 AD2d 5).

The petitioner’s contention that the employee and not the petitioner is ultimately responsible for the illegal conduct is without merit (see, 15 NYCRR 79.8 [b]; 79.17 [c] [1]). Lastly, the penalty of license revocation was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Schaubman v Blum, 49 NY2d 375; Matter of Purdy v Kreis[445]*445berg, 47 NY2d 354; Matter of Pell v Board of Educ., supra). Weinstein, J. P., Eiber, Sullivan and Balletta, JJ., concur.

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Bluebook (online)

140 A.D.2d 444, 528 N.Y.S.2d 146, 1988 N.Y. App. Div. LEXIS 5045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weston-v-adduci-nyappdiv-1988.

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