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

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

DecidedJanuary 22, 1975

StatusPublished

This text of 47 A.D.2d 553 (Cummins 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

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).

Pincite

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.

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Bluebook (online)

47 A.D.2d 553, 364 N.Y.S.2d 1021, 1975 N.Y. App. Div. LEXIS 8622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cummins-v-new-york-state-liquor-authority-nyappdiv-1975.