CBH Pioneer Enterprises, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

CBH Pioneer Enterprises, Inc. v. New York State Liquor Authority

172 A.D.2d 520, 567 N.Y.S.2d 863, 1991 N.Y. App. Div. LEXIS 4299

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

DecidedApril 1, 1991

StatusPublished

Cited by4 cases

This text of 172 A.D.2d 520 (CBH Pioneer Enterprises, 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.

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CBH Pioneer Enterprises, Inc. v. New York State Liquor Authority, 172 A.D.2d 520, 567 N.Y.S.2d 863, 1991 N.Y. App. Div. LEXIS 4299 (N.Y. Ct. App. 1991).

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Opinion

?Proceeding pursuant to CPLR article 78 to review an amended determination of the respondent New York State Liquor Authority dated September 22, 1989, which, after a hearing, suspended the petitioner’s license to sell liquor for a period of 30 days and imposed a $1,000 bond forfeiture.

Adjudged that the petition is granted, on the law and as a matter of discretion, to the extent that the penalty imposed is annulled, the amended determination is otherwise confirmed, the proceeding is otherwisé dismissed, without costs or disbursements, and the matter is remitted to the respondent New York State Liquor Authority for the imposition of a new penalty not to exceed a suspension of the petitioner’s license for more than 30 days (20 days forthwith and 10 days deferred).

The respondent New York State Liquor Authority adopted the findings of the Hearing Officer crediting the testimony of witnesses to the effect that the petitioner permitted the sale of an alcoholic beverage to a minor and permitted gambling on the premises in the form of a Joker Poker video machine. We find that the amended determination was supported by substantial evidence in the record as a whole (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Plato’s Cave Corp. v State Liq. Auth., 68 NY2d 791; Matter of MNDN Rest. v Gazzara, 128 AD2d 781; Matter of New York Pan Pizza Corp. v New York State Liq. Auth., 150 AD2d 694).

We conclude that the penalty imposed is excessive to the extent indicated. Under the circumstances, including the petitioner’s prior unblemished record, the penalty imposed should not exceed a suspension of the petitioner’s license for 30 days (20 days forthwith and 10 days deferred). No bond forfeiture should be imposed (see, Felle v Duffy, 159 AD2d 458; Matter of Levittown Events v Duffy, 135 AD2d 539; cf., Matter of 596 Main St. Corp. v New York State Liq. Auth., 141 AD2d 643; Matter of Leewood Beverage Center v State Liq. Auth., 139 [521]*521AD2d 649; Matter of New York Pan Pizza Corp. v New York State Liq. Auth., supra).

We find the petitioner’s remaining contention to be without merit. Thompson, J. P., Eiber, Balletta and O’Brien, JJ., concur.

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?Proceeding pursuant to CPLR article 78 to review an amended determination of the respondent New York State Liquor Authority dated September 22, 1989, which, after a hearing, suspended the petitioner’s license to sell liquor for a period of 30 days and imposed a $1,000 bond forfeiture.

Adjudged that the petition is granted, on the law and as a matter of discretion, to the extent that the penalty imposed is annulled, the amended determination is otherwise confirmed, the proceeding is otherwisé dismissed, without costs or disbursements, and the matter is remitted to the respondent New York State Liquor Authority for the imposition of a new penalty not to exceed a suspension of the petitioner’s license for more than 30 days (20 days forthwith and 10 days deferred).

The respondent New York State Liquor Authority adopted the findings of the Hearing Officer crediting the testimony of witnesses to the effect that the petitioner permitted the sale of an alcoholic beverage to a minor and permitted gambling on the premises in the form of a Joker Poker video machine. We find that the amended determination was supported by substantial evidence in the record as a whole (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Plato’s Cave Corp. v State Liq. Auth., 68 NY2d 791; Matter of MNDN Rest. v Gazzara, 128 AD2d 781; Matter of New York Pan Pizza Corp. v New York State Liq. Auth., 150 AD2d 694).

We conclude that the penalty imposed is excessive to the extent indicated. Under the circumstances, including the petitioner’s prior unblemished record, the penalty imposed should not exceed a suspension of the petitioner’s license for 30 days (20 days forthwith and 10 days deferred). No bond forfeiture should be imposed (see, Felle v Duffy, 159 AD2d 458; Matter of Levittown Events v Duffy, 135 AD2d 539; cf., Matter of 596 Main St. Corp. v New York State Liq. Auth., 141 AD2d 643; Matter of Leewood Beverage Center v State Liq. Auth., 139 [521]*521AD2d 649; Matter of New York Pan Pizza Corp. v New York State Liq. Auth., supra).

We find the petitioner’s remaining contention to be without merit. Thompson, J. P., Eiber, Balletta and O’Brien, JJ., concur.

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172 A.D.2d 520, 567 N.Y.S.2d 863, 1991 N.Y. App. Div. LEXIS 4299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cbh-pioneer-enterprises-inc-v-new-york-state-liquor-authority-nyappdiv-1991.

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