Janes v. Department of State, Division of Licensing Services
Opinion of the Court
Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings, in accordance with the following memorandum: Petitioners were found to have dem
In our view, the determination must be modified by striking the finding that petitioners improperly inserted commission clauses in the sales contracts. Petitioners did not receive fair and adequate notice of that charge. The affidavit of complaint contains no allegations with reference to that charge. Thus, it fails to " 'be definite so that the accused might know against what he has to defend’ ” (Matter of Trivelas v Paterson, 91 AD2d 1000, 1001, quoting Matter of Chiaino v Lomenzo, 26 AD2d 469, 472).
In all other respects, we find that respondent’s determination is supported by substantial evidence.
In view of our determination, we remit the matter to respondent to fashion an appropriate penalty (see, Rob Tess Rest. Corp. v New York State Liq. Auth., 49 NY2d 874, 876; Matter of Eggleston v Richardson, 88 AD2d 750, 751). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Newman, J.) Present—Dillon, P. J., Callahan, Green, Balio and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.