FRIEDLAND v. CURIALE

The determination was supported by substantial evidence and the penalty imposed on petitioners was not excessive. Petitioners were found guilty of a series of serious violations of the Insurance Law. Among other things, the evidence showed that they conducted business under a fictitious entity, solicited business on behalf of unlicensed insurers, commingled funds and failed to exercise their fiduciary responsibilities to policyholders. Thus, the determination was warranted, and the penalty does not shock our sense of fairness. (Matter of Pell v Board of Educ., 34 N.Y.2d 222.)

Concur — Sullivan, J.P., Milonas, Kassal and Rubin, JJ.