Opinion
June 26, 1967
Proceeding pursuant to CPLR article 78 to review and annul the determination of the respondent Secretary of State of the State of New York, made on October 28, 1965 after a hearing, (1) adjudging petitioner untrustworthy and (2) conditionally suspending his real estate brokerage license. Determination annulled, on the law, without costs. Under the circumstances of this case there is no substantial evidence to support the finding of untrustworthiness. There was a genuine dispute between the broker and the salesman as to the amount due as commissions. The reliance by the broker on the advice of counsel on how to proceed was reasonable. Such action negates a claim of untrustworthiness ( Matter of Okun v. Department of State, 285 App. Div. 993, affd. 309 N.Y. 939). Beldock, P.J., Brennan, Hopkins, Munder and Nolan, JJ., concur.