New York Supreme and/or Appellate Courts Appellate Division, First Department
March 21, 2013
IN RE JOHN DERAFFELE, PETITIONER-APPELLANT, --
THE STATE OF NEW YORK BANKING DEPARTMENT,
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
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