PRIVATE EYE SCAM?

In Matter of Borkan v. State of N.Y., the Department of State declined to renew a private investigator's (PI) license. When he contested the outcome, and filed a special proceeding pursuant to CPLR Article 78, the New York County Supreme Court transferred the case to the Appellate Division, First Department.

The AD1 was of the view there was enough evidence the guy lacked "good character and integrity."

As part of a settlement reached with the New York State Attorney General (AG), a not-for-profit corporation created for the purpose of preventing "cruelty to children" was dissolved.

Apparently, the PI engaged in conduct which falsely suggested the entity, which he controlled, was associated with a police department or other state agency. He also inappropriately distributed badges, identification cards and parking placards with New York's seal.

The AG further found the corporation didn't engage in any legitimate child protective work yet the PI solicited contributions as if it did.

In view of those facts, the appellate court didn't perceive the license declination as "shocking." Nor could it find a basis to disturb the Department of State's decision.

The AD1 really poked that private eye.

To download a copy of the Appellate Division's decision, please use this link: Matter of Borkan v. State of N.Y.