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SIL-TONE COLLISION v. FOSCHIO

63 N.Y.2d 406 (1984)

In the Matter of Sil-Tone Collision, Inc., Respondent, v. Leslie G. Foschio, as Commissioner of the New York State Department of Motor Vehicles, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1984.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard G. Liskov, Peter H. Schiff and John M. Farrar of counsel), for appellant.

George Switnicki and Salvatore Aspromonte for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

JASEN, J.

In this CPLR article 78 proceeding to review a determination of the Commissioner of the Department of Motor Vehicles, we are asked to decide whether, on petitioner's administrative appeal, the Commissioner, in approving the recommendation of the Repair Shop Review Board, has the power to increase the penalty imposed upon petitioner by the Administrative Law Judge for fraudulent and deceptive practice...

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