Cianelli v. Department of State

After a hearing the Secretary of State revoked the license of the petitioner Andrew Cianelli as a real estate *353broker and that of Angelo Cianelli as a real estate salesman. In an article 78 proceeding, Special Term annulled the determinations, directing a new trial as to Angelo and setting aside respondent’s determination as to Andrew as a matter of law.

As to Angelo Cianelli, a question is raised as to whether the matter should have been heard at Special Term. Where the issue is the competency or sufficiency of proof, Special Term should direct that the cause be transferred to the Appellate…