Colon v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Colon v. New York State Liquor Authority

70 A.D.2d 591, 416 N.Y.S.2d 71, 1979 N.Y. App. Div. LEXIS 12002

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

DecidedMay 7, 1979

StatusPublished

Cited by1 cases

This text of 70 A.D.2d 591 (Colon 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

Colon v. New York State Liquor Authority, 70 A.D.2d 591, 416 N.Y.S.2d 71, 1979 N.Y. App. Div. LEXIS 12002 (N.Y. Ct. App. 1979).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated August 1, 1978, which, after a hearing, found petitioner guilty of certain charges and suspended his liquor license for a period of 30 days, 15 days of which were deferred, and imposed a $1,000 bond claim. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. In our view there is substantial evidence that on October 22, 1977, at the licensed premises, a dancer performed in a lewd and indecent manner within the meaning of subdivision 6 of section 106 of the Alcoholic Beverage Control Law (see Matter of Salem Inn v New York State Liq. Auth., 43 NY2d 713). The fact that the licensee was not on the premises at the time of the performance does not absolve him from responsibility since his manager, Ramon Barrios, [592]*592was present at the time (cf. Matter of Falso v State Liq. Auth., 43 NY2d 721). We also find that the penalty imposed was not excessive or shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222, 237). Hopkins, J. P., Damiani, Titone and Suozzi, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated August 1, 1978, which, after a hearing, found petitioner guilty of certain charges and suspended his liquor license for a period of 30 days, 15 days of which were deferred, and imposed a $1,000 bond claim. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. In our view there is substantial evidence that on October 22, 1977, at the licensed premises, a dancer performed in a lewd and indecent manner within the meaning of subdivision 6 of section 106 of the Alcoholic Beverage Control Law (see Matter of Salem Inn v New York State Liq. Auth., 43 NY2d 713). The fact that the licensee was not on the premises at the time of the performance does not absolve him from responsibility since his manager, Ramon Barrios, [592]*592was present at the time (cf. Matter of Falso v State Liq. Auth., 43 NY2d 721). We also find that the penalty imposed was not excessive or shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222, 237). Hopkins, J. P., Damiani, Titone and Suozzi, JJ., concur.

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Bluebook (online)

70 A.D.2d 591, 416 N.Y.S.2d 71, 1979 N.Y. App. Div. LEXIS 12002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colon-v-new-york-state-liquor-authority-nyappdiv-1979.

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