Summary
The court reviewed a Board of Regents determination suspending a certified public accountant’s license after his federal conviction for supplementing the salaries of government employees. It held that the penalty was not arbitrary or disproportionate to the offense, confirmed the determination, and dismissed the petition.
Holdings
- The Board of Regents' imposition of a more severe penalty than that recommended by the hearing panel did not, by itself, render the determination arbitrary or improper.
- The suspension was not so disproportionate to petitioner's offense, in light of all the circumstances and the relationship between the crime and his profession, as to be shocking to one's sense of fairness.
Questions Presented
- Whether the Board of Regents acted arbitrarily or improperly by imposing a more severe license suspension than the penalty recommended by the hearing panel.
- Whether the two-year suspension, with the last year stayed, was so disproportionate to petitioner's crime in relation to his profession as to be shocking to one's sense of fairness.
Disposition
dismissed
Cases Cited (3)
- Matter of Holmstrand v. Board of Regents, 71 A.D.2d 725(followed)
- Matter of Kane v. Ambach, 74 A.D.2d 674(followed)
- Matter of Pell v. Board of Education, 34 N.Y.2d 222, 233(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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