Opinion
March 25, 1971
Determination dated August 10, 1970 revoking petitioner's real estate salesman's license and denying his application for a license as a real estate broker, on the ground of conduct demonstrating untrustworthiness, unanimously modified, on the law and in the exercise of discretion, to the extent of reducing the penalty to one year's suspension commencing from the date of the order entered hereon, without prejudice to an application by the petitioner for a real estate broker's license at the conclusion of his suspension, and, as so modified, confirmed. Respondent shall recover of petitioner $50 costs and disbursements of this proceeding. This article 78 proceeding was transferred to this court pursuant to CPLR 7803 (subd. [4]) and 7804 (subd. [g]). The determination finding the petitioner guilty of untrustworthiness is supported by substantial evidence. (Real Property Law, § 441-c.) However, in our opinion, under all the circumstances the sanction imposed was excessive and unduly disproportionate to the offense. On the record before us, a suspension for the period of one year would be more appropriate, and at that time, if the petitioner so applies, respondent may consider de novo his application for a license as a real estate broker. (See Matter of Weiner v. Lomenzo, 32 A.D.2d 634.)
Concur — Stevens, P.J., Nunez, Kupferman, McNally and Steuer, JJ.