Appellate Division of the Supreme Court of New York, 1981

Knock-Out-Carpentry Problems, Inc. v. Picken

Knock-Out-Carpentry Problems, Inc. v. Picken
Appellate Division of the Supreme Court of New York · Decided April 20, 1981
81 A.D.2d 639; 441 N.Y.S.2d 407; 1981 N.Y. App. Div. LEXIS 11152
Knock-Out-Carpentry Problems, Inc. v. Picken

Opinion of the Court

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Office of Consumer Affairs dated September 12, 1980, which, after a hearing, revoked petitioner’s home improvement license. Determination confirmed and proceeding dismissed on the merits, with costs. The determination of the respondent commissioner is supported by substantial evidence on the record (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Furthermore, the penalty imposed (revocation of the license) was not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Damiani, J.P., Mangano, Gibbons and Gulotta, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.