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Matter of Donnell v. Shaffer

Appellate Division of the Supreme Court of New York, Second Department
Aug 26, 1985
112 A.D.2d 1087 (N.Y. App. Div. 1985)

Opinion

August 26, 1985

Appeal from the Supreme Court, Nassau County (Christ, J.).


Judgment affirmed, with costs.

A review of the record reveals vague and contradictory testimony by petitioner regarding the nature of his services, the disposition of fees and expenses, the sources of payment, and how his records came to be destroyed.

The determination that petitioner violated 19 NYCRR 173.2 by failing to maintain his records for a period of three years was supported by substantial evidence ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Furthermore, under the circumstances of this case, the penalty imposed was not shocking to one's sense of fairness ( Matter of Pell v. Board of Educ., supra). Lazer, J.P., Gibbons, Bracken and Niehoff, JJ., concur.


Summaries of

Matter of Donnell v. Shaffer

Appellate Division of the Supreme Court of New York, Second Department
Aug 26, 1985
112 A.D.2d 1087 (N.Y. App. Div. 1985)
Case details for

Matter of Donnell v. Shaffer

Case Details

Full title:In the Matter of JOHN J. DONNELL et al., Appellants, v. GAIL S. SHAFFER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 26, 1985

Citations

112 A.D.2d 1087 (N.Y. App. Div. 1985)