MATTER OF VINCENT v. DEP'T OF STATE OF THE STATE OF NEW YORK


40 A.D.2d 612 (1972)

In the Matter of Arthur W. Vincent et al., Petitioners, v. Department of State of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 25, 1972


Determination annulled, on the law, without costs. The finding that petitioners had "demonstrated unworthiness" is not supported by substantial evidence. There was a genuine dispute between petitioners and the complainant as to whether the latter was entitled to share in a commission. Petitioners' honest belief that no commission was due precludes a finding of untrustworthiness (see Matter of Kreitsek v. Department of State, 28 A.D.2d 721

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