Stowell v. Cuomo

OPINION OF THE COURT

Wither, J.

The principal issue presented on this petition is whether, upon receiving a complaint by salesmen against their broker-employer for nonpayment of commissions, the Secretary of State has authority to conduct a hearing on the issue and determine the contract rights of the parties. We find no authority in the statute or regulations thereunder for respondent Secretary of State to make such determination.

In the summer of 1976 and prior thereto Terry Elich and Dianna Elich, husband and wife, were real estate salesmen in the employ of petitioner, Lawrence Stowell, a…