MATTER OF DONN GERELLI ASSOC. INS. AGENCY, INC. v. LAWSKY

4161. 101106/15.

151 A.D.3d 424 (2017)

2017 NY Slip Op 04373

52 N.Y.S.3d 862

In the Matter of DONN GERELLI ASSOCIATES INSURANCE AGENCY, INC., et al., Appellants, v. BENJAMIN M. LAWSKY, Respondent.

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

Decided June 1, 2017.


The Superintendent's initial warning letter to petitioners, addressing their admitted statutory violations but declining enforcement at that time, which stated that the letter did not "constitute a formal administrative action," did not preclude respondent from subsequently charging petitioners with those violations and others following further investigation. The doctrines of res judicata and collateral estoppel are inapplicable to this proceeding, and petitioners' other...

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