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MATTER OF LOVLER v. LOMENZO

49 A.D.2d 575 (1975)

In the Matter of Adolph Lovler et al., Petitioners, v. John P. Lomenzo, as Secretary of State of The State of New York, Respondent

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

July 7, 1975

As so modified, determination confirmed, without costs.

The determination insofar as it found petitioners guilty of untrustworthiness and incompetence was supported by substantial evidence. In light of the fact that they were not knowing participants in the fraudulent scheme of broker Sneed, it is our opinion that the penalty of revocation imposed was excessive and unduly disproportionate to the offense (see Matter of Rothberg v Department of State,

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