Eagle v. Paterson

Gibbons, J.,

dissents and votes to grant the petition, annul the determination, dismiss the charges and remit the fines, with the following memorandum: Petitioners were given a hearing before a hearing officer of the Department of State, Division of Licensing Services, after which it was determined that they had solicitated residential property owners in violation of 19 NYCRR 175.17, which prohibits real estate solicitations where a cease and desist order is in effect. The respondent’s determination was not supported by substantial evidence and was the product of a proceeding in which the…