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In Re John Deraffele v. the State of New York Banking Department

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 21, 2013

IN RE JOHN DERAFFELE, PETITIONER-APPELLANT, --
v.
THE STATE OF NEW YORK BANKING DEPARTMENT,
RESPONDENT-RESPONDENT.

Matter of DeRaffele v State of New York Banking Dept.

Decided on March 21, 2013

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Mazzarelli, Saxe, Moskowitz, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Paul G. Feinman, J.), entered July 20, 2012, denying the petition to annul respondent's determination, dated August 4, 2011, which denied petitioner's application for a mortgage loan origination (MLO) license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Banking Law § 599-e(1)(b)(ii) prohibits the issuance of a MLO license if the applicant has been convicted of a felony and, in the event the conviction was more than seven years before the application, "if such felony involved an act of fraud, dishonesty, or a breach of trust, or money laundering." Here, petitioner pled guilty in 1989 to conspiracy to defraud the United States in federal district court. Although petitioner received a certificate of relief in 1996, the certificate stated that it was not to be considered a pardon. Accordingly, the challenged determination was not arbitrary and capricious.

Petitioner's contention that, in determining his application, respondent should have considered the factors set forth in Correction Law § 753, which pertains to the application for a license or employment of a person previously convicted of a criminal offense, has been rejected by this Court (see Matter of Rampolla v Banking Dept. of the State of N.Y., 93 AD3d 526 [1st Dept 2012]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 21, 2013

CLERK

20130321

© 1992-2013 VersusLaw Inc.



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