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Marksamer v. Guggenheimer

43 N.Y.2d 857 Court N.Y. Decision date 1978-02-07 English

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p. 857
In the Matter of Jesse Marksamer, Respondent, v Elinor Guggenheimer, as Commissioner of the Department of Consumer Affairs of the City of New York, Appellant.
Submitted January 11, 1978;
decided February 7, 1978
p. 858
APPEARANCES OF COUNSEL
W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Ronald E. Sternberg of counsel), for appellant.
Albert Kostrinsky and David Goldstein for respondent.

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed and the two-month suspension of petitioner’s license imposed by respondent Commissioner of the Department of Consumer Affairs is reinstated, with costs.

Upon the commissioner’s determination that a false affidavit of service had been filed by the petitioner, it should not be said that the sanction imposed was "shockingly disproportionate to the offense”. (Matter of Pell v Board of Educ., 34 NY2d 222 , 236; Matter of Butterly & Green, v Lomenzo, 36 NY2d 250 .)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Judgment reversed, etc.

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