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JOHN CANNIZZARO v. COMMONWEALTH PENNSYLVANIA (10/06/89)

decided: October 6, 1989.

JOHN CANNIZZARO, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE REAL ESTATE COMMISSION, RESPONDENTS. ANTHONY CANNIZZARO, PETITIONER, V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE REAL ESTATE COMMISSION, RESPONDENTS



PETITION FOR REVIEW (BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, REAL ESTATE COMMISSION).

COUNSEL

Nicholas Panarelli, Jr., Philadelphia, for petitioner -- John Cannizzaro.

Steven Wennberg, State Real Estate Comm'n, Joyce McKeever, Chief Counsel, Bureau of Professional and Occupational Affairs, Velma A. Boozer, Chief Counsel, Dept. of State, Harrisburg, for respondents.

Carmen C. Nasuti, and Joel P. Trigiani, Philadelphia, for petitioner -- Anthony Cannizzaro.

McGinley and Smith, JJ., and Narick, Senior Judge.

Author: Narick

[ 129 Pa. Commw. Page 41]

Petitioners John and Anthony Cannizzaro have separately appealed from an order of the State Real Estate Commission (Commission) revoking the real estate salesperson's, associate broker's and broker's licenses of John Cannizzaro and the salesperson's license of Anthony Cannizzaro.

On October 27, 1982, John and Anthony Cannizzaro were involved in an altercation with a former salesman, Kenneth Manear, of Park Realty Co., owned by John Cannizzaro. The dispute between the Cannizzaros and Manear centered around Manear's efforts to collect a default judgment he had obtained for commission payments the Cannizzaros allegedly owed him. John Cannizzaro went to Manear's office to confront him regarding harassment of his, Cannizzaro's, parents. Worried for his safety, his brother Anthony and father Frank Cannizzaro followed him to Manear's office. A struggle ensued, during which Manear took from John Cannizzaro the baseball bat he had brought with him, struck Frank Cannizzaro with it and began to choke him. Coming to his father's aid, Anthony Cannizzaro struck Manear on the head with a hammer, to no avail, and ultimately shot Manear three times with the gun he carried for self-protection.

The brothers were convicted of third-degree murder, a felony, on September 27, 1983. John was sentenced to one-to-three years, served one year and was paroled. Anthony was sentenced to five-to-ten years.

The Commission issued complaints against the Cannizzaros under Section 604(a)(14) of the Real Estate Licensing and Registration Act (RELRA), Act of February 19, 1980, P.L. 15, as amended, 63 P.S. § 455.604(a)(14). These complaints were later amended to include charges under Section

[ 129 Pa. Commw. Page 429124]

(c)(1) of the Criminal History Record Information Act (CHRIA), 18 Pa.C.S. § 9124(c)(1). Following a hearing at which John Cannizzaro appeared and was represented and which Anthony Cannizzaro permitted to proceed in his absence with representation of counsel, the Commission's hearing examiner recommended fines and suspension of the Cannizzaros' licenses. The Commission rejected this recommendation and revoked their licenses, prompting these appeals.

The pivotal issue raised by both Cannizzaros is whether Section 9124(c)(1) of CHRIA empowered the Commission to revoke their real estate licenses for the commission of a felony. The Commission concedes that the applicable section of RELRA, Section 604(a)(14), as it was worded before its 1984 amendment, did not ...


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