127 Livingston Restaurant, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

127 Livingston Restaurant, Inc. v. New York State Liquor Authority

74 A.D.2d 574, 424 N.Y.S.2d 872, 1980 N.Y. App. Div. LEXIS 10210

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 4, 1980

StatusPublished

This text of 74 A.D.2d 574 (127 Livingston Restaurant, Inc. v. New York State Liquor Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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127 Livingston Restaurant, Inc. v. New York State Liquor Authority, 74 A.D.2d 574, 424 N.Y.S.2d 872, 1980 N.Y. App. Div. LEXIS 10210 (N.Y. Ct. App. 1980).

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Opinion

Proceeding pursuant to CPLR article 78 to review two determinations of the respondent New York State Liquor Authority, both dated July 5, 1979, as follows: (1) the first, made after a hearing, inter alia, (a) directed cancellation of the petitioner’s liquor license, effective July 26, 1979, and (b) imposed a $1,000 bond claim; and (2) the second, inter alia, (a) disapproved the petitioner’s application for renewal of said license and (b) recalled the license theretofore issued to petitioner. Determinations confirmed and proceeding dismissed on the merits, with costs. The State Liquor Authority’s determinations have a rational basis and are supported by substantial evidence. Moreover, we cannot conclude that the penalty imposed was shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222; cf. Matter of Shore Haven Lounge v New York State Liq. Auth., 37 NY2d 187). Mollen, P. J., Cohalan, O’Connor and Weinstein, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review two determinations of the respondent New York State Liquor Authority, both dated July 5, 1979, as follows: (1) the first, made after a hearing, inter alia, (a) directed cancellation of the petitioner’s liquor license, effective July 26, 1979, and (b) imposed a $1,000 bond claim; and (2) the second, inter alia, (a) disapproved the petitioner’s application for renewal of said license and (b) recalled the license theretofore issued to petitioner. Determinations confirmed and proceeding dismissed on the merits, with costs. The State Liquor Authority’s determinations have a rational basis and are supported by substantial evidence. Moreover, we cannot conclude that the penalty imposed was shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222; cf. Matter of Shore Haven Lounge v New York State Liq. Auth., 37 NY2d 187). Mollen, P. J., Cohalan, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

74 A.D.2d 574, 424 N.Y.S.2d 872, 1980 N.Y. App. Div. LEXIS 10210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/127-livingston-restaurant-inc-v-new-york-state-liquor-authority-nyappdiv-1980.

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