17 Cameron St. Restaurant Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

17 Cameron St. Restaurant Corp. v. New York State Liquor Authority

70 A.D.2d 621, 416 N.Y.S.2d 314, 1979 N.Y. App. Div. LEXIS 12047

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

DecidedMay 14, 1979

StatusPublished

This text of 70 A.D.2d 621 (17 Cameron St. Restaurant Corp. 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

17 Cameron St. Restaurant Corp. v. New York State Liquor Authority, 70 A.D.2d 621, 416 N.Y.S.2d 314, 1979 N.Y. App. Div. LEXIS 12047 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated August 1, 1978, which revoked petitioner’s restaurant liquor license, and imposed a $1,000 bond claim and a 24-month proscription against the premises. Petition granted to the extent that the determination is modified, on the law, by reducing the penalty to a $1,000 bond claim. As so modified, determination confirmed and proceeding otherwise dismissed on the merits, without costs or disbursements. In light of the fact that the petitioner had heretofore an unblemished record and that James Kolbenheyer, a 50% shareholder, was not connected with the activities resulting in the criminal conviction of Howard Kolbenheyer, Jr., the other 50% shareholder, who agreed to divest [622]*622himself of all interest in the petitioner, we are of the opinion that the penalty imposed was shocking to one’s sense of fairness. Titone, J. P., Suozzi, O’Connor and Shapiro, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated August 1, 1978, which revoked petitioner’s restaurant liquor license, and imposed a $1,000 bond claim and a 24-month proscription against the premises. Petition granted to the extent that the determination is modified, on the law, by reducing the penalty to a $1,000 bond claim. As so modified, determination confirmed and proceeding otherwise dismissed on the merits, without costs or disbursements. In light of the fact that the petitioner had heretofore an unblemished record and that James Kolbenheyer, a 50% shareholder, was not connected with the activities resulting in the criminal conviction of Howard Kolbenheyer, Jr., the other 50% shareholder, who agreed to divest [622]*622himself of all interest in the petitioner, we are of the opinion that the penalty imposed was shocking to one’s sense of fairness. Titone, J. P., Suozzi, O’Connor and Shapiro, JJ., concur.

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Bluebook (online)

70 A.D.2d 621, 416 N.Y.S.2d 314, 1979 N.Y. App. Div. LEXIS 12047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/17-cameron-st-restaurant-corp-v-new-york-state-liquor-authority-nyappdiv-1979.