Legal Opinion

DaCruz v. Banking Department

Appellate Division of the Supreme Court of the State of New York

Decided February 26, 2013Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Cynthia S. Kern, J), entered February 2, 2012, denying the petition to annul respondents’ determination, dated October 4, 2011, which denied petitioner’s application for a mortgage loan originator (MLO) license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The determination that petitioner lacked the character and general fitness to hold an MLO license is rationally based on the record and not arbitrary and capricious (see Matter of Arrocha v Board of Educ. of City of N.Y., 93 NY2d 361, 363…

2Cases cited4 opinions

  1. Arrocha v. Board of EducationNew York Court of Appeals · 1999
  2. Bonacorsa v. Van LindtNew York Court of Appeals · 1988
  3. Gallo v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  4. Rampolla v. Banking DepartmentAppellate Division of the Supreme Court of the State of New York · 2012

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