Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent that the determination with respect to the charge alleging a violation of Real Property Law § 440-a is annulled, that charge is dismissed, the determination is otherwise confirmed, the penalty imposed is vacated, the proceeding is otherwise dismissed, and the matter is remitted to the respondent for the imposition of a new penalty consistent herewith.
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