Opinion
November 12, 1953.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.
The determination sought to be reviewed was made after a nonstatutory hearing. Respondent, as Superintendent of Insurance, may refuse to issue any insurance agent's license if, in his judgment, the applicant is not trustworthy and competent to act as such agent (Insurance Law, § 114, subd. 4). In addition to the written examination required by subdivision 2 of the section cited, the Superintendent may, it has been held by implication, conduct a nonstatutory hearing ( Matter of West v. Bohlinger, 281 App. Div. 925). At the hearing to which appellant was cited to appear he was charged with improper conduct in connection with the preparation of annual statements and vouchers submitted to the State Insurance Department by an insurance company of which he was president; and also that he gave false testimony concerning a trip he made to North Carolina, allegedly in the interest of the company of which he was president, at an expense of more than $1,100. The Special Term held that the charges were substantial and that the determination of respondent was not arbitrary and capricious. Order unanimously affirmed, with $10 costs.