MATTER OF PERILLO v. COMM'R OF THE DEP'T OF MOTOR VEHICLES OF THE STATE OF NEW YORK


63 A.D.2d 939 (1978)

In the Matter of Andrew Perillo, Doing Business as Andy's Auto Body, Petitioner, v. Commissioner of the Department of Motor Vehicles of the State of New York, Respondent

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

June 20, 1978


Unanimously modified, on the law, without costs or disbursements, to the extent of reducing the penalty to a suspension for six months and, except, as thus modified, confirmed.

The record amply supports the finding that petitioner violated 15 NYCRR 82.5 (b) by making an unauthorized repair. We conclude, however, that revocation was an excessive penalty since the violation appears to be an isolated incident for petitioner who has spent his entire adult life in the...

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