Matter of Goldberg v Cortez-Vasquez

Matter of Matter of Goldberg v Cortez-Vasquez 2012 NY Slip Op 02771 Decided on April 12, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 12, 2012
Mazzarelli, J.P., Catterson, DeGrasse, Román, JJ.
7358 109078/10

[*1]In re Joy Goldberg, Petitioner,

v

Lorraine Cortez-Vasquez, etc., Respondent.




Joy Goldberg, petitioner pro se.
Eric T. Schneiderman, Attorney General, New York (Marion R.
Buchbinder of counsel), for respondent.

Determination of respondent, dated March 11, 2010, which revoked petitioner's real estate broker's license and notary commission, and directed that no action be taken to restore the license until petitioner demonstrated that she had refunded the sum of $10,475, plus statutory interest from November 28, 2006, to the seller, Julio Alejandro, Jr., unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Michael D. Stallman, J.], entered January 11, 2011) dismissed, without costs.

Respondent's finding that petitioner participated in a scheme in a real estate transaction which defrauded the mortgage lender by making it appear that a deposit was paid by the purchaser, when none was provided, was supported by substantial evidence in the record (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). To the extent petitioner argues that the witnesses against her were incredible because they were involved in the deception, we defer to the credibility findings of the administrative law judge (see Matter of Berenhaus v Ward, 70 NY2d 436, 443 [1987]). The penalty imposed is not disproportionate and does not shock the conscience (see Matter of Featherstone v Franco, 95 NY2d 550 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 12, 2012

CLERK