134 09 Rest. Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

134 09 Rest. Inc. v. New York State Liquor Authority

25 A.D.2d 852, 271 N.Y.S.2d 192, 1966 N.Y. App. Div. LEXIS 4370

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

DecidedMay 2, 1966

StatusPublished

This text of 25 A.D.2d 852 (134 09 Rest. 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.

Bluebook

134 09 Rest. Inc. v. New York State Liquor Authority, 25 A.D.2d 852, 271 N.Y.S.2d 192, 1966 N.Y. App. Div. LEXIS 4370 (N.Y. Ct. App. 1966).

Pincite

Opinion

Proceeding pursuant to article 78 of the GPLR to review a determination of the State Liquor Authority which cancelled petitioner’s restaurant liquor license for refusal to permit an inspection of its premises by a police officer. The proceeding was transferred to this court for determination by an order of the Supreme Court, Queens County, dated April 1, 1966. Determination modified, on the law and the facts, so as to reduce the penalty from cancellation to a 10-day suspension of petitioner’s license, commencing as of April 25, 1966. As so modified, the determination is confirmed, without costs. In our opinion, the penalty imposed was excessive and on this record a 10-day suspension is the appropriate penalty.

Christ, Acting P. J., Brennan, Hill, Rabin and Benjamin, J-J., concur.

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Proceeding pursuant to article 78 of the GPLR to review a determination of the State Liquor Authority which cancelled petitioner’s restaurant liquor license for refusal to permit an inspection of its premises by a police officer. The proceeding was transferred to this court for determination by an order of the Supreme Court, Queens County, dated April 1, 1966. Determination modified, on the law and the facts, so as to reduce the penalty from cancellation to a 10-day suspension of petitioner’s license, commencing as of April 25, 1966. As so modified, the determination is confirmed, without costs. In our opinion, the penalty imposed was excessive and on this record a 10-day suspension is the appropriate penalty.

Christ, Acting P. J., Brennan, Hill, Rabin and Benjamin, J-J., concur.

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Bluebook (online)

25 A.D.2d 852, 271 N.Y.S.2d 192, 1966 N.Y. App. Div. LEXIS 4370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/134-09-rest-inc-v-new-york-state-liquor-authority-nyappdiv-1966.