Opinion
January 31, 1991
Appeal from the Supreme Court, Albany County.
The evidence reveals that although a judgment had been entered against petitioner in 1985 imposing a $2,000 fine for his failure to obtain a domestic animal health permit (hereinafter DAHP), he never paid the fine; in 1988 he was held in contempt and an additional fine of $55,750 was imposed. At the hearing on his subsequent application for a DAHP, petitioner admitted that even after the 1985 judgment he continued to sell and buy horses without a DAHP and that he knew he was violating the law in so doing (see, Agriculture and Markets Law § 90-c). He also could not provide all of the necessary records to show that the horses he sold had been tested for equine infectious anemia as required by Agriculture and Markets Law § 95-c. This evidence, coupled with further testimony at the hearing, showed that petitioner, inter alia, had "engaged in a course of dealing of such a nature as to satisfy the [C]ommissioner [of Agriculture] of his inability or unwillingness properly to conduct [his] business" (Agriculture and Markets Law § 90-e). Therefore, the denial of petitioner's application was supported by substantial evidence and must be upheld (see, Matter of Burback v Gerace, 111 A.D.2d 566; Matter of Mendel Son v New York State Dept. of Agric. Mkts., 90 A.D.2d 567, appeal dismissed 58 N.Y.2d 970, lv denied 58 N.Y.2d 610). Petitioner's remaining contentions have been considered and found to be lacking in merit.
Determination confirmed, and petition dismissed, without costs. Casey, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.