MATTER OF FOX v. STEWART


28 N.Y.2d 814 (1971)

In the Matter of J. Lewis Fox, Respondent, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 15, 1971.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Steven M. Hochberg and Samuel A. Hirshowitz of counsel), for appellant.

David L. Fox and V. Pamela Davis for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Order affirmed, without costs. The remission by the Appellate Division to the Superintendent of Insurance was expressly intended to afford a mechanism for rehearing the license revocation proceeding to consider the facts on which the Secretary of State granted petitioner a real estate broker's license and was addressed to the Superintendent's statement that he did not have power to grant a rehearing. The remission for this limited purpose does not impair the free exercise...

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