McComb v. Division of Licensing Services

— Judgment unanimously affirmed with costs. Memorandum: We find that respondent’s denial of petitioner’s application for a real estate broker’s license was mandated by law (Real Property Law § 440-a), and that, in the circumstances of this case, the protections of article 23-A of the Correction Law are unavailable to petitioner (see, Correction Law § 751; see generally, Matter of Sinclair v Division of Licensing of Dept. of State, 96 AD2d 1130 , lv denied 60 NY2d 559 ).

We have examined petitioner’s other contention and find it to be without merit. (Appeal from Judgment of Supreme Court, Erie County, Fudeman, J. — Article 78.) Present — Dillon, P. J., Boomer, Green, Balio and Lowery, JJ.