173 Beach 116th Street Corp. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

173 Beach 116th Street Corp. v. State Liquor Authority

70 A.D.2d 619, 416 N.Y.S.2d 524, 1979 N.Y. App. Div. LEXIS 12045

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

DecidedMay 14, 1979

StatusPublished

This text of 70 A.D.2d 619 (173 Beach 116th Street Corp. v. 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

173 Beach 116th Street Corp. v. State Liquor Authority, 70 A.D.2d 619, 416 N.Y.S.2d 524, 1979 N.Y. App. Div. LEXIS 12045 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated April 10, 1978 and made after a hearing, which found that the petitioner had violated section 65 of the Alcoholic Beverage Control Law by selling, delivering or giving away, or permitting to be sold, delivered or given away, alcoholic beverages to a minor actually or apparently under the age of 18 years, and suspending petitioner’s liquor license for 10 days. Determination confirmed and proceeding dismissed on the merits, with costs. The State Liquor Authority’s determination is amply supported by the record. The penalty imposed for the violation was not shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Titone, J. P., Suozzi, O’Connor and Shapiro, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated April 10, 1978 and made after a hearing, which found that the petitioner had violated section 65 of the Alcoholic Beverage Control Law by selling, delivering or giving away, or permitting to be sold, delivered or given away, alcoholic beverages to a minor actually or apparently under the age of 18 years, and suspending petitioner’s liquor license for 10 days. Determination confirmed and proceeding dismissed on the merits, with costs. The State Liquor Authority’s determination is amply supported by the record. The penalty imposed for the violation was not shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Titone, J. P., Suozzi, O’Connor and Shapiro, JJ., concur.

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Bluebook (online)

70 A.D.2d 619, 416 N.Y.S.2d 524, 1979 N.Y. App. Div. LEXIS 12045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/173-beach-116th-street-corp-v-state-liquor-authority-nyappdiv-1979.