1442 Third Ave. Rest. Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

1442 Third Ave. Rest. Corp. v. New York State Liquor Authority

225 A.D.2d 412, 640 N.Y.2d 17, 640 N.Y.S.2d 17, 1996 N.Y. App. Div. LEXIS 2700

Appellate Division of the Supreme Court of the State of New York·Decided March 19, 1996·Published·Cited by 2 cases

Opinion

Substantial evidence supports respondent’s findings that [413]*413petitioner altered the subject premises without having obtained respondent’s approval, and aided and abetted an unlicensed person or persons in the trafficking of alcohol (see, Matter of Pell v Board of Educ., 34 NY2d 222, 230-231), notwithstanding the different findings made by the Administrative Law Judge (see, Matter of Danzo Estate v New York State Liq. Auth., 27 NY2d 469). The penalty imposed is not shockingly disproportionate to the offense (supra, at 233-234). Concur — Sullivan, J. P., Wallach, Kupferman and Tom, JJ.

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Substantial evidence supports respondent’s findings that [413]*413petitioner altered the subject premises without having obtained respondent’s approval, and aided and abetted an unlicensed person or persons in the trafficking of alcohol (see, Matter of Pell v Board of Educ., 34 NY2d 222, 230-231), notwithstanding the different findings made by the Administrative Law Judge (see, Matter of Danzo Estate v New York State Liq. Auth., 27 NY2d 469). The penalty imposed is not shockingly disproportionate to the offense (supra, at 233-234). Concur — Sullivan, J. P., Wallach, Kupferman and Tom, JJ.

1442 Third Ave. Rest. Corp. v. New York State Liquor Authority, 225 A.D.2d 412, 640 N.Y.2d 17, 640 N.Y.S.2d 17, 1996 N.Y. App. Div. LEXIS 2700 (N.Y. Ct. App. 1996).

Pincite

225 A.D.2d 412 (1442 Third Ave. Rest. Corp. v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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