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Matter of R R MacIntosh v. State

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1992
180 A.D.2d 1004 (N.Y. App. Div. 1992)

Opinion

February 27, 1992

Appeal from the Supreme Court, Schenectady County.


Petitioner represented on its invoice that it had replaced a certain part with a new part when in fact the part was not new. Furthermore, other parts that were replaced later needed corrective repairs causing additional expense to the car's owner. Under these circumstances and on the basis of the record before us, there is substantial evidence to support the determination of guilt as to each of the violations including the conclusion that petitioner engaged in fraudulent and deceptive practices in violation of Vehicle and Traffic Law § 398-e (1) (g) (see, Matter of Lyon Coram Auto Body v. New York State Dept. of Motor Vehicles, 147 A.D.2d 564) and that there was a willful failure to provide quality repairs in violation of 15 NYCRR 82.5 (g) (see, Matter of Corniola v. Department of Motor Vehicles, 175 A.D.2d 283). In addition, the fines and penalties imposed do not constitute a disproportionate sanction under the circumstances (see, Matter of Eves v. Passidomo, 121 A.D.2d 538). Petitioner's remaining contentions have been considered and rejected as being without merit.

Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of R R MacIntosh v. State

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1992
180 A.D.2d 1004 (N.Y. App. Div. 1992)
Case details for

Matter of R R MacIntosh v. State

Case Details

Full title:In the Matter of R R MacINTOSH, INC., Doing Business as SENACA AUTO…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 27, 1992

Citations

180 A.D.2d 1004 (N.Y. App. Div. 1992)
580 N.Y.S.2d 580

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