Opinion
December 10, 1970
Determination of the Department of State, dated March 4, 1970, revoking petitioners' real estate brokerage licenses for untrustworthiness, effective March 18, 1970, unanimously modified, on the law and in the exercise of discretion, to the extent of reducing the penalty imposed to six months' suspension of the licenses, and as so modified the determination is otherwise confirmed, without costs and without disbursements. The determination insofar as it found petitioners guilty of untrustworthiness is supported by substantial evidence. However, in our opinion, under all the circumstances, the sanction of revocation imposed was excessive and unduly disproportionate to the offense. On the record before us, a suspension for a period of six months would be more appropriate (see Matter of Black v. Lomenzo, 31 A.D.2d 908).
Concur — Stevens, P.J., Eager, Markewich and Nunez, JJ.