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  5. 43 N.Y.2d 857 (1978)
 

MATTER OF MARKSAMER v. GUGGENHEIMER

43 N.Y.2d 857 (1978)

In the Matter of Jesse Marksamer, Respondent, v. Elinor Guggenheimer, as Commissioner of the Department of Consumer Affairs of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 7, 1978.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Ronald E. Sternberg of counsel), for appellant.

Albert Kostrinsky and David Goldstein for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be reversed and the two-month suspension of petitioner's license imposed by respondent Commissioner of the Department of Consumer Affairs is reinstated, with costs.

Upon the commissioner's determination that a false affidavit of service had been filed by the petitioner, it should not be said that the sanction imposed was "shockingly disproportionate to the...

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