Mel-Bern Service Center No. 6 Corp. v. Fisher, MEL-BERN

• Decision Date: 28 November 1977
• Docket Number: MEL-BERN
• Parties: In the Matter ofSERVICE CENTER NO. 6 CORP., Petitioner, v. Arnold R. FISHER, Commissioner of Motor Vehicles of the State of New York, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 469

399 N.Y.S.2d 469

59 A.D.2d 945

In the Matter of MEL-BERN SERVICE CENTER NO. 6 CORP., Petitioner, v. Arnold R. FISHER, Commissioner of Motor Vehicles of the

State of New York, Respondent.

Supreme Court, Appellate Division, Second Department.

Nov. 28, 1977.

Gulotta, Scaring, Stein & Gulotta, Mineola (Alan M. Stein, New York City, of counsel), for petitioner.

Louis J. Lefkowitz, Atty. Gen., New York City (Marian B. Scheuer and Samuel A. Hirshowitz, New York City, of counsel), for respondent.

Before HOPKINS, J. P., and LATHAM, COHALAN and DAMIANI, JJ.

MEMORANDUM BY THE COURT.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Motor Vehicles, dated June 17, 1974 and made after a hearing, which suspended petitioner's motor vehicle inspection license for a period of six months.

Petition granted and determination annulled, on the law, without costs or disbursements.

The determination which resulted in the suspension of petitioner's inspection license for a period of six months is not supported by substantial evidence on the record as a whole.