Material Damage Adjustment Corp. v. Whelan

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Department of Motor Vehicles, dated September 23, 1986, which (1) affirmed findings made after a hearing that the petitioner had violated (a) Vehicle and Traffic Law § 398-e (1) (j) by know;ingly issuing a false and misleading estimate and (b) Vehicle and Traffic Law § 398-e (1) (k) by engaging in a course of conduct which unreasonably impeded or delayed a consumer’s right to a fair recovery in an insurance claim case, and (2) imposed a $700 civil penalty and five-day suspension of the…