MATTER OF POZARNY v. STATE OF NEW YORK


92 A.D.2d 954 (1983)

In the Matter of Louis Pozarny, Petitioner, v. State of New York et al., Respondents

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

March 3, 1983


Petitioner's sole contention in this proceeding is that the penalty imposed by respondent commissioner is arbitrary and capricious, and constitutes an abuse of discretion. We disagree. The misconduct for which the penalty was imposed is based upon petitioner's plea of guilty of the crime of falsifying business records in the second degree, a class A misdemeanor. The plea was accepted in satisfaction of a five-count indictment, arising out of an investigation of certain "donations...

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