Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MATTER S. HERBERT FEINBERG v. DEPARTMENT STATE STATE NEW YORK (05/22/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 1969.NY.41695 <http://www.versuslaw.com>; 300 N.Y.S.2d 662; 32 A.D.2d 632 May 22, 1969 IN THE MATTER OF S. HERBERT FEINBERG, FEINBERG BROS., PETITIONER,v.DEPARTMENT OF STATE OF THE STATE OF NEW YORK, RESPONDENT Concur -- Eager, J. P., Capozzoli, Nunez, McNally and Steuer, JJ.


Concur -- Eager, J. P., Capozzoli, Nunez, McNally and Steuer, JJ.

While some criticism might be expressed at the failure of the parties to have reduced to writing the alleged understanding that the expenses for securing the mortgage in question were to be assumed by the purchaser, the failure to do so did not warrant determination by the respondent that petitioner was untrustworthy and incompetent. The present record does not contain the requisite "factual presentation concerning acts or conduct by the licensee * * * as would warrant a conclusion of unreliability, and which establishes that any confidence or reasonable expectation of fair dealing to the general public would be misplaced". (Matter of Chiaino v. Lomenzo, 26 A.D.2d 469, 472.) The proof in the record is "insufficient and insubstantial". (Ibid. 473.)

Disposition

Determination of respondent, dated May 6, 1968, as amended May 13, 1968, finding petitioner guilty of untrustworthiness and incompetency and suspending his license for a period of one month, or, in lieu thereof, fining him $250, unanimously annulled, on the law, without costs or disbursements, and the charges dismissed.

19690522

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.