Opinion
January 14, 1971
Appeal from the Erie Special Term.
Present — Del Vecchio, J.P., Gabrielli, Moule and Henry, JJ.
Determination unanimously modified in accordance with the Memorandum herein, and as so modified confirmed, without costs. Memorandum: On the record before us, considering both the nature and the gravity of the violations committed, the cancellation of petitioner's license was so disproportionate to such offenses as to constitute an abuse of discretion on the part of respondent. The interests of fairness would be better served by annulling such cancellation and by substituting therefor a penalty of suspension of petitioners' license for a period of six months.