The respondent agency found that the petitioners, an insurance brokerage firm and its principal, acted improperly in selling insurance packages provided unlawfully by the American Motor Club (see, People v. American Motor Club, 133 A.D.2d 593). This determination is supported by substantial evidence, the penalty imposed is not so disproportionate to the offense, in light of the circumstances, as to shock one's sense of fairness, and neither will be disturbed by this court (see, Matter of Fernandez v. Corcoran, 172 A.D.2d 438).
We decline to consider the petitioners' argument that the determination violates their constitutional rights, since objection based on facts must be raised before the administrative body (Matter of Assay Partners v. City of New York, 149 A.D.2d 63, lv denied 75 N.Y.2d 705, cert denied ___ US ___, 111 S Ct 52). Were we to consider it, we would find it to be without merit.
We have reviewed the petitioners' remaining arguments, and find them to be without merit.
Concur — Carro, J.P., Rosenberger, Ellerin, Smith and Rubin, JJ.