Opinion
July 20, 1970
Proceeding pursuant to article 78 of the CPLR to review a determination of the State Superintendent of Insurance, dated January 22, 1969, which revoked all insurance licenses theretofore issued to petitioner and denied all his pending applications with respect to his licensing, on the ground of his untrustworthiness, following his conviction of the misdemeanor of perjury in the second degree. Determination annulled, on the law without costs, and matter remitted to respondent for rehearing at which the facts upon which the Secretary of State of the State of New York granted petitioner a real estate broker's license may be adduced and considered. It appears that respondent refused to grant petitioner a rehearing at which he proposed to present the facts concerning his being granted a real estate broker's license after investigation. We believe such rehearing should be afforded petitioner. We further observe that upon the record presented it is our opinion that the discipline imposed by respondent was an abuse of discretion and that a period of suspension would have been more appropriate (cf. Matter of Zdrojeski v. Dineen, 268 App. Div. 877). Rabin, Acting P.J., Hopkins, Munder, Martuscello and Brennan, JJ., concur.