Cerullo v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Cerullo v. State Liquor Authority

40 A.D.2d 545, 335 N.Y.S.2d 557, 1972 N.Y. App. Div. LEXIS 3982

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

DecidedJuly 13, 1972

StatusPublished

This text of 40 A.D.2d 545 (Cerullo 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

Cerullo v. State Liquor Authority, 40 A.D.2d 545, 335 N.Y.S.2d 557, 1972 N.Y. App. Div. LEXIS 3982 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to annul a determination of respondent State Liquor Authority, dated March 1, 1972, which canceled petitioner’s special on-premises liquor license, the appeal is from a judgment of the Supreme Court, Westchester County, entered May 26, 1972, which dismissed the petition. Judgment affirmed, without costs. Ho opinion. Latham, Gulotta and Brennan, JJ., concur; Hopkins, Acting P. J., and Shapiro, J., dissent and vote to reverse the judgment and grant the petition to the extent of reducing the penalty of cancellation [546]*546to suspension of license for a period of four months, with the following memorandum: In our opinion, the proof adduced substantially supported charges “1” through “5”, but, under the circumstances of this case, the penalty of cancellation was not warranted and a penalty of a four-month suspension would be appropriate.

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In a proceeding pursuant to article 78 of the CPLR to annul a determination of respondent State Liquor Authority, dated March 1, 1972, which canceled petitioner’s special on-premises liquor license, the appeal is from a judgment of the Supreme Court, Westchester County, entered May 26, 1972, which dismissed the petition. Judgment affirmed, without costs. Ho opinion. Latham, Gulotta and Brennan, JJ., concur; Hopkins, Acting P. J., and Shapiro, J., dissent and vote to reverse the judgment and grant the petition to the extent of reducing the penalty of cancellation [546]*546to suspension of license for a period of four months, with the following memorandum: In our opinion, the proof adduced substantially supported charges “1” through “5”, but, under the circumstances of this case, the penalty of cancellation was not warranted and a penalty of a four-month suspension would be appropriate.

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Bluebook (online)

40 A.D.2d 545, 335 N.Y.S.2d 557, 1972 N.Y. App. Div. LEXIS 3982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cerullo-v-state-liquor-authority-nyappdiv-1972.