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Safe-T Brake & Wheel Alignment Corp. v. Melton
Citations: 81 A.D.2d 673; 438 N.Y.S.2d 344; 1981 N.Y. App. Div. LEXIS 11211
Court: Appellate Division of the Supreme Court of the State of New York; April 27, 1981; New York; State Appellate Court
A CPLR article 78 proceeding was initiated to review a decision by the Commissioner of the Department of Motor Vehicles from May 15, 1980, which suspended a motor vehicle repair shop's registration for 10 days. The suspension was based on the shop charging a customer for repairs that were not performed, violating 15 NYCRR 82.5 (h). The determination was upheld, with the proceeding dismissed on the merits. The court found substantial evidence supporting the Commissioner's decision and concluded that the penalty was not excessively harsh relative to the offense. Costs and disbursements were awarded in the amount of $50. Justices Lazer, J.P., Cohalan, Margett, and O’Connor concurred in the decision.