Dunn Appraisal Co. v. Foschio, 94 A.D.2d 695 (N.Y. App. Div. 1983). · Go Syfert
Search
Dunn Appraisal Co. v. Foschio, 94 A.D.2d 695 (N.Y. App. Div. 1983). Cases Citing This Book View Copy Cite
10 citation events across 1 distinct court.
Strongest positive: Material Damage Adjustment Corp. v. Whelan (nyappdiv, 1988-02-29)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Material Damage Adjustment Corp. v. Whelan
N.Y. App. Div. · 1988 · signal: see · confidence high
Furthermore, in light of both the limited scope of appellate review in such matters (see, Matter of Pell v Board of Educ., 34 NY2d 222 ) and the petitioner’s prior record, we cannot agree with the petitioner that the measure of punishment imposed upon it was so disproportionate to the charge sustained "as to be shocking to one’s sense of fairness” (Matter of Stolz v Board of Regents, 4 AD2d 361, 364 ; see, Dunn Appraisal Co. v Foschio, 94 AD2d 695 ; Government Employees Ins.
Retrieving the full opinion text from the archive…
Dunn Appraisal Company
v.
Leslie G. Foschio, as Commissioner of the New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York.
May 2, 1983.
94 A.D.2d 695
Cited by 4 opinions  |  Published

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Motor Vehicles, which, after a hearing, (1) found that petitioner had violated (a) section 398-e (subd 1, par [j]) of the Vehicle and Traffic Law and 15 NYCRR 82.4 (a) (10) by knowingly issuing a false and misleading estimate, (b) 15 NYCRR 82.5 (a), by willfully failing to provide a written estimate, and (c) section 398-e (subd 1, par [k]) of the Vehicle and Traffic Law by engaging in a course of conduct which unreasonably impeded or delayed a consumer’s right to a fair recovery on an automobile property damage claim, and (2) imposed a $300 civil penalty and five-day suspension of its repair shop registration. Determination confirmed and proceeding dismissed on the merits, with costs. On this record there was substantial evidence to support the commissioner’s determination as to each of the violations (see Matter of Hannon v Cuomo, 52 NY2d 775). Further, the penalty imposed is not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board ofEduc., 34 NY2d 222; cf. Government Employees Ins. Co. v Commissioner of Motor Vehicles, 94 AD2d 695). Gibbons, J. P., O’Connor, Weinstein and Brown, JJ., concur.