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Pasternack v. Muhl

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1998
248 A.D.2d 246 (N.Y. App. Div. 1998)

Opinion

March 17, 1998


The finding that petitioner allowed a revoked licensee to conduct an insurance brokerage business under his license is supported by substantial evidence, including petitioner's own testimony, which established that he was personally involved in only about six of perhaps 10,000 transactions conducted at the premises, that he allowed the revoked licensee access to his temporary insurance identification cards, and that he received a monthly stipend from the revoked licensee. Petitioner's testimony that he was merely trying to help another person make an honest living supports the conclusion that he "suffers from a radical inability to grasp the need for a licensing system to protect the public, and to understand his own obligations with respect thereto", and is therefore untrustworthy and/or incompetent within the meaning of Insurance Law § 2110 (a) (4) ( see, Matter of Gold v. Lomenzo, 29 N.Y.2d 468, 477). The revocation of petitioner's public adjuster license as well as his insurance broker license for having acted as a front for a terminated insurance broker does not shock our sense of fairness ( cf., Matter of Eich v. Shaffer, 136 A.D.2d 701, lv denied 72 N.Y.2d 801). We have considered petitioner's other arguments and find them to be without merit.

Concur — Ellerin, J. P., Wallach, Rubin, Tom and Saxe, JJ.


Summaries of

Pasternack v. Muhl

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1998
248 A.D.2d 246 (N.Y. App. Div. 1998)
Case details for

Pasternack v. Muhl

Case Details

Full title:SAMUEL B. PASTERNACK, Petitioner, v. EDWARD J. MUHL, as Superintendent of…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 17, 1998

Citations

248 A.D.2d 246 (N.Y. App. Div. 1998)
670 N.Y.S.2d 187

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