[DOWNLOAD] "Miriam Kostika v. Mario Cuomo" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Miriam Kostika v. Mario Cuomo
- Author : Court of Appeals of New York
- Release Date : January 05, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[41 N.Y.2d 673 Page 674] The sole issue presented in this case is whether the penalty imposed by the Secretary of State against the petitioner real estate broker was so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233, quoting Matter of Stolz v Board of Regents, 4 A.D.2d 361, 364). The Appellate Division found that the secretary's $200 fine was an adequate punishment but that his direction that, as a condition for the removal of the suspension of petitioner's real estate broker's license, the broker be compelled to repay the $15,050 profit she made on the resale of certain property was an excessive sanction and, therefore, should be set aside. We are of the opinion that the Appellate Division erred in setting aside the secretary's determination that the $15,050 profit be returned.
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