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KOSTIKA v. CUOMO

41 N.Y.2d 673 (1977)

Miriam Kostika, Respondent, v. Mario Cuomo, as Secretary of State, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 5, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (David L. Birch and Samuel A. Hirshowitz of counsel), New York City, for appellants.

Benjamin H. Segal, New York City, for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN dissents and votes to affirm for the reasons stated in the concurring memorandum by Mr. Justice VINCENT A. LUPIANO at the Appellate Division.

WACHTLER, J.

The sole issue presented in this case is whether the penalty imposed by the Secretary of State against the petitioner real estate broker was "`so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness'" (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233, quoting Matter of Stolz v Board of Regents...

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