Matter of Joseph E. Lalima, Doing Business as Lalima's Barber Shop v. New York State Department of State et al.

Summary

The New York Appellate Division, Third Department, reviewed a determination revoking Joseph E. Lalima's barber operator and barber shop licenses for violating COVID-19-related directives and barbering regulations. The court held that untrustworthiness may constitute incompetence under General Business Law § 441(a)(6), but concluded that permanent license revocation was disproportionate given Lalima's long, previously unblemished record and remitted the matter for imposition of a lesser penalty.

Holdings

1. Untrustworthiness constitutes incompetence within the meaning of General Business Law article 28 and may support discipline under General Business Law § 441 (a) (6).
2. Permanent revocation of petitioner's barber operator and barber shop licenses was too severe and constituted an abuse of discretion as a matter of law.

Questions Presented

1. Whether untrustworthiness is an aspect of incompetence that may constitute a ground for discipline under General Business Law § 441 (a) (6).
2. Whether revocation of petitioner's barber operator and barber shop licenses was so disproportionate to his misconduct as to constitute an abuse of discretion as a matter of law.

Disposition

reversed_and_remanded