Legal Opinion

Diona v. Lomenzo

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

Decided December 15, 1966PublishedCited by 15 opinions

1Opinion of the CourtStevens, J.

This is an article 78 proceeding by which petia and annulment of respondent’s determination revoking petitioner’s current real estate broker’s license as of May 23, 1966, for untrustworthiness. The license by its terms would have expired October 31, 1967. The license was revoked after a full hearing, so the question posed is whether there is substantial evidence to support the determination.

Jurisdiction to hear and determine charges against real estate brokers and salesmen is vested in the Department of State (Real Property Law, § 441-c). It is provided: “ 1. Powers of department. The…

2Cases cited3 opinions

  1. Roman v. LobeNew York Court of Appeals · 1926
  2. Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
  3. Delaney v. ConwayNew York Supreme Court · 1963

3Cited by15 opinions

  1. Ranquist v. StacklerAppellate Court of Illinois · 1977
  2. Gold v. LomenzoDistrict Court, S.D. New York · 1969
  3. Geisler v. Department of StateAppellate Division of the Supreme Court of the State of New York · 1980
  4. Doherty v. CuomoAppellate Division of the Supreme Court of the State of New York · 1978
  5. Lawrence Black, Inc. v. CuomoAppellate Division of the Supreme Court of the State of New York · 1978

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