Cummins v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Cummins v. New York State Liquor Authority

47 A.D.2d 553, 364 N.Y.S.2d 1021, 1975 N.Y. App. Div. LEXIS 8622

Appellate Division of the Supreme Court of the State of New York·Decided January 22, 1975·Published

Opinion

Proceeding pursuant to article 78 of the CFLR to review respondent’s determination, dated June 21,1974, which canceled petitioner’s restaurant liquor license and imposed a $500 bond claim. Petition granted to the extent that the determination is modified, on the law, by reducing the penalty to a suspension for a period of 30 days and the $500 bond claim. As so modified, determination confirmed and petition otherwise dismissed on the merits, without costs. In our opinion, the penalty of cancellation was excessive and constituted an abuse of discretion to the extent indicated herein. Hopkins, Acting P. J., Latham and Cohalan, JJ., concur; Brennan and Shapiro, JJ., dissent and vote to confirm the determination and dismiss the petition on the merits.

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Proceeding pursuant to article 78 of the CFLR to review respondent’s determination, dated June 21,1974, which canceled petitioner’s restaurant liquor license and imposed a $500 bond claim. Petition granted to the extent that the determination is modified, on the law, by reducing the penalty to a suspension for a period of 30 days and the $500 bond claim. As so modified, determination confirmed and petition otherwise dismissed on the merits, without costs. In our opinion, the penalty of cancellation was excessive and constituted an abuse of discretion to the extent indicated herein. Hopkins, Acting P. J., Latham and Cohalan, JJ., concur; Brennan and Shapiro, JJ., dissent and vote to confirm the determination and dismiss the petition on the merits.

Cummins v. New York State Liquor Authority, 47 A.D.2d 553, 364 N.Y.S.2d 1021, 1975 N.Y. App. Div. LEXIS 8622 (N.Y. Ct. App. 1975).

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47 A.D.2d 553 (Cummins v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.