Benke v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Benke v. State Liquor Authority

34 A.D.2d 645, 311 N.Y.S.2d 57, 1970 N.Y. App. Div. LEXIS 5182

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

DecidedApril 6, 1970

StatusPublished

This text of 34 A.D.2d 645 (Benke 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

Benke v. State Liquor Authority, 34 A.D.2d 645, 311 N.Y.S.2d 57, 1970 N.Y. App. Div. LEXIS 5182 (N.Y. Ct. App. 1970).

Pincite

Opinion

Proceeding pursuant to [646]*646article 78 of the CPLR to review a determination of respondent, dated December 23, 1969, which canceled petitioner’s on-premises liquor license for violation of section ill of the Alcoholic Beverage Control Law. Determination modified, on the law, by reducing the penalty of cancellation to a suspension for 60 days. As so modified, determination confirmed, without costs. We find substantial evidence that petitioner committed no prior improprieties and that the managerial agreement was revealed to respondent, so that nothing was done clandestinely. In these circumstances we find that cancellation of petitioner’s license constituted an abuse of discretion by respondent. In our opinion the appropriate penalty is suspension of the license for 60 days. Hopkins, Acting P. J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.

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Proceeding pursuant to [646]*646article 78 of the CPLR to review a determination of respondent, dated December 23, 1969, which canceled petitioner’s on-premises liquor license for violation of section ill of the Alcoholic Beverage Control Law. Determination modified, on the law, by reducing the penalty of cancellation to a suspension for 60 days. As so modified, determination confirmed, without costs. We find substantial evidence that petitioner committed no prior improprieties and that the managerial agreement was revealed to respondent, so that nothing was done clandestinely. In these circumstances we find that cancellation of petitioner’s license constituted an abuse of discretion by respondent. In our opinion the appropriate penalty is suspension of the license for 60 days. Hopkins, Acting P. J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

34 A.D.2d 645, 311 N.Y.S.2d 57, 1970 N.Y. App. Div. LEXIS 5182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benke-v-state-liquor-authority-nyappdiv-1970.