Hannon v. Cuomo — 52 N.Y.2d 775

Majority

p. 775

In the Matter of John P. Hannon, Appellant, v Mario Cuomo, as Secretary of State of the State of New York, Respondent.

Argued November 19, 1980;

decided December 18, 1980

p. 776

APPEARANCES OF COUNSEL

James B. Denman for appellant.

Robert Abrams, Attorney-General (Diane De Furio Foody and Shirley Adelson Siegel of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

On this record, there was substantial evidence to support the respondent’s conclusion. Nor can be it said that the penalty is shocking “to one’s sense of fairness” (Matter of Butterly & Green v Lomenzo, 36 NY2d 250 , 256; Matter of Pell v Board of Educ., 34 NY2d 222 , 223). It also appears that the notice and complaint served upon the appellant comported with the requirements of due process.

p. 777

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Gabrielli taking no part.

Judgment affirmed, with costs, in a memorandum.

Cases cited

Butterly & Green, Inc. v. Lomenzo 36 NY2d 250 N.Y. 1975-03-24 at 256 p. 776
Pell v. Board of Education 34 NY2d 222 N.Y. 1974-05-15 at 223 p. 776