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Matter of Podolsky v. Cuomo

Court of Appeals of the State of New York
Feb 26, 1981
420 N.E.2d 396 (N.Y. 1981)

Opinion

Argued February 19, 1981

Decided February 26, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Scott E. Mollen for appellant.

Robert Abrams, Attorney-General (Arlene R. Silverman and Shirley Adelson Siegel of counsel), for respondent.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

The record reveals that there was substantial evidence presented before the hearing officer to support the conclusion that petitioner Podolsky, a real estate broker, initiated demonstrably baseless lawsuits to recover commissions from alleged clients. There also was substantial evidence indicating that petitioner Peldman wrongfully demanded commissions through a baseless lawsuit in violation of section 442-a of the Real Property Law. Accordingly, there was adequate support for respondent's conclusion that petitioners demonstrated untrustworthiness to act as a real estate broker or salesperson (Real Property Law, § 441-c, subd 1).

We find baseless petitioners' assertion that they were denied due process by various alleged infirmities in the hearing process.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Judgment affirmed.


Summaries of

Matter of Podolsky v. Cuomo

Court of Appeals of the State of New York
Feb 26, 1981
420 N.E.2d 396 (N.Y. 1981)
Case details for

Matter of Podolsky v. Cuomo

Case Details

Full title:In the Matter of ABRAHAM PODOLSKY et al., Appellants, v. MARIO M. CUOMO…

Court:Court of Appeals of the State of New York

Date published: Feb 26, 1981

Citations

420 N.E.2d 396 (N.Y. 1981)
420 N.E.2d 396
438 N.Y.S.2d 515