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MATTER HAROLD G. POND v. JOHN P. LOMENZO (06/27/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 1969.NY.42228 <http://www.versuslaw.com>; 302 N.Y.S.2d 158; 32 A.D.2d 887 June 27, 1969 IN THE MATTER OF HAROLD G. POND, PETITIONER,v.JOHN P. LOMENZO, AS SECRETARY OF STATE OF THE STATE OF NEW YORK, RESPONDENT Goldman, P. J., Del Vecchio, Marsh, Gabrielli and Moule, JJ.


Goldman, P. J., Del Vecchio, Marsh, Gabrielli and Moule, JJ.

Memorandum: In this article 78 proceeding petitioner seeks to vacate and annul an order of the Secretary of State denying petitioner's application for renewal of his barber operator license. While section 441 of the General Business Law provides that a license may be revoked for "Habitual drunkenness" (subd. 3) or "Conviction of any crime or offense involving moral turpitude" (subd. 9) the ultimate fact to be found to warrant revocation is that the licensee is not of sufficiently good moral character to demonstrate his fitness to engage in the practice of barbering. From an examination of the entire record it would appear there is insufficient substantial evidence to sustain such a finding. (See Matter of Chiaino v. Lomenzo, 26 A.D.2d 469, 473.) (Review of determination denying application for renewal of barber's license.)

Disposition

Determination unanimously annulled, with costs, and the Secretary of State directed to issue a renewal of petitioner's barber operator license.

19690627

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