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Matter of Gaffney v. Department of State

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1980
78 A.D.2d 680 (N.Y. App. Div. 1980)

Opinion

October 20, 1980


Proceeding pursuant to CPLR article 78 to review a determination of the Secretary of State, dated April 3, 1978 and made after a hearing, which found that petitioners had demonstrated untrustworthiness and suspended the license of petitioner Gaffney for a period of three months. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The individual petitioner was properly served with notice of the charge against him pursuant to section 441-e Real Prop. of the Real Property Law, which provides for service of a notice of hearing by personal delivery or "by mailing same by registered mail to the last known business address" of the licensee. Nor can he successfully complain of a lack of "apodictic specification". Furthermore, the complaint is clear and certain in its specification of the charge of "untrustworthiness" and the basis therefor. Lazer, J.P., Mangano, Gibbons and Cohalan, JJ., concur.


Summaries of

Matter of Gaffney v. Department of State

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1980
78 A.D.2d 680 (N.Y. App. Div. 1980)
Case details for

Matter of Gaffney v. Department of State

Case Details

Full title:In the Matter of EUGENE GAFFNEY et al., Petitioners, v. DEPARTMENT OF…

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

Date published: Oct 20, 1980

Citations

78 A.D.2d 680 (N.Y. App. Div. 1980)