Dunn Appraisal Co. v. Passidomo — 105 A.D.2d 839

Majority

p. 839

In the Matter of Dunn Appraisal Company, Petitioner, v John A. Passidomo, as Commissioner of Motor Vehicles, et al., Respondents.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Motor Vehicles, which, after a hearing, (1) found that petitioner had violated section 398-e (subd 1, par [k]) of the Vehicle and Traffic Law by engaging in a course of conduct which unreasonably impeded or delayed a consumer’s right to a fair recovery on a damage claim and (2) imposed a $250 civil penalty.

Determination confirmed and proceeding dismissed on the merits, with costs.

The determination under review was supported by substantial evidence in the record (see Matter of Hannon v Cuomo, 52 NY2d 775 ; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 ). Boyers, J. P., Rubin, Lawrence and Eiber, JJ., concur.

Cases cited

Hannon v. Cuomo 52 NY2d 775 N.Y. 1980-12-18 p. 839
300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 N.Y. 1978-07-13 p. 839