The Superintendent's determination that petitioner's failure to timely file the form 131-A for the years 1981 through 1986 constituted a willful violation of Insurance Law § 334 and regulation 131 (11 N.Y.CRR part 162) is supported by substantial evidence and rationally based.
Petitioner's claim that Insurance Law § 109 imposes a maximum fine of $500 for a single violation and does not authorize respondent to assess a penalty for each day as a separate violation is without merit. Cumulative penalties are allowed when necessary to deter the act complained of when such penalties are not otherwise violative of the statute. (Matter of Meyers Bros. Parking Sys. v. Sherman, 87 A.D.2d 562.) Nor was the penalty imposed shocking to one's sense of fairness particularly in light of the number of violations and the petitioner's lateness. (Matter of Pell v. Board of Educ., 34 N.Y.2d 222.)
Concur — Kupferman, J.P., Asch, Ellerin and Smith, JJ.