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IN RE JOHN DERAFFELE, petap, v. THE STATE OF NEW YORK BANKING DEPARTMENT, res-res

9577. IN RE JOHN DERAFFELE, petap, v. THE STATE OF NEW YORK BANKING DEPARTMENT, res-res — JOHN DERAFFELE, APPELLANT PRO SE. Eric T. Schneiderman, Attorney General, New York (Valerie Figueredo of counsel), for res — Judgment, Supreme Court, New York County (Paul G. Feinman, J.), entered July 20, 2012, denying the petition to annul respondent's determination, dated August 4, 2011, which denied petitioner's application for a mortgage loan origination (MLO) license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

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9577. IN RE JOHN DERAFFELE, petap, v. THE STATE OF NEW YORK BANKING DEPARTMENT, res-res — JOHN DERAFFELE, APPELLANT PRO SE. Eric T. Schneiderman, Attorney General, New York (Valerie Figueredo of counsel), for res — Judgment, Supreme Court, New York County (Paul G. Feinman, J.), entered July 20, 2012, denying the petition to annul respondent’s determination, dated August 4, 2011, which denied petitioner’s application for a mortgage loan origination (MLO) license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Banking Law §599-e(1)(b)(ii) prohibits the issuance of a MLO license if the applicant has been convicted of a felony and, in the event the conviction was more than seven years before the application, “if such felony involved an act of fraud, dishonesty, or a breach of trust, or money laundering.” Here, petitioner pled guilty in 1989 to conspiracy to defraud the United States in federal district court. Although petitioner received a certificate of relief in 1996, the certificate stated that it was not to be considered a pardon. Accordingly, the challenged determination was not arbitrary and capricious.

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