Opinion
Submitted January 11, 1978
Decided February 7, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Ronald E. Sternberg of counsel), for appellant.
Albert Kostrinsky and David Goldstein for respondent.
MEMORANDUM.
The judgment of the Appellate Division should be reversed and the two-month suspension of petitioner's license imposed by respondent Commissioner of the Department of Consumer Affairs is reinstated, with costs.
Upon the commissioner's determination that a false affidavit of service had been filed by the petitioner, it should not be said that the sanction imposed was "shockingly disproportionate to the offense". (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 236; Matter of Butterly Green, v Lomenzo, 36 N.Y.2d 250.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Judgment reversed, etc.