Opinion
Decided June 30, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, VINCENT E. DOYLE, JR., J.
Robert J. Lane for appellant.
Robert Abrams, Attorney-General ( Patrick O. McCormack of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for reasons stated in the opinion by Justice JOHN J. CALLAHAN at the Appellate Division ( 92 A.D.2d 38). We note, however, that no inference should be drawn that, had substantial prejudice resulted to petitioner from respondent's delay in scheduling the hearing, respondent would have been ousted of jurisdiction to revoke. In such circumstance, there would have been "at most an `erroneous exercise of authority' since such delay would not divest the [commissioner] of jurisdiction." ( Matter of Sarkisian Bros. v State Div. of Human Rights, 48 N.Y.2d 816, 818.)
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.