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MATTER OF WILNER v. NEW YORK DEPT. OF STATE, DIV. OF LICENSING SERVS.

Index No. 160213/20. Appeal No. 14618. Case No. 2021-00584.

199 A.D.3d 503 (2021)

154 N.Y.S.3d 426

2021 NY Slip Op 06336

In the Matter of Jon Wilner, Petitioner, v. New York Department of State, Division of Licensing Services, Respondent.

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

Decided November 16, 2021.

Attorney(s) appearing for the Case

Peska & Associates, P.C., White Plains ( Adam M. Peska of counsel), for petitioner.

Letitia James , Attorney General, New York ( David Lawrence III of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, Scarpulla, JJ.

The determinations by the Administrative Law Judge (ALJ) that petitioner "demonstrated untrustworthiness [and] incompetency to act as a real estate broker" (Real Property Law § 441-c[1]), are supported by substantial evidence in the record (see CPLR 7803[4]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 179-182 [1978]). There was ample testimony and...

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