Dante Caterers Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Dante Caterers Inc. v. State Liquor Authority

39 A.D.2d 775, 333 N.Y.S.2d 731, 1972 N.Y. App. Div. LEXIS 4456

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

DecidedMay 30, 1972

StatusPublished

This text of 39 A.D.2d 775 (Dante Caterers Inc. 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

Dante Caterers Inc. v. State Liquor Authority, 39 A.D.2d 775, 333 N.Y.S.2d 731, 1972 N.Y. App. Div. LEXIS 4456 (N.Y. Ct. App. 1972).

Pincite

Opinion

Proceeding under article 78 of the CPLR to review respondent’s determination dated May 21, 1971, which suspended petitioner’s liquor license for 30 days commencing June 21, 1971. Determination modified, on the law, by changing the penalty to the making of a claim on petitioner’s $1,000 bond. As so modified, determination confirmed, without costs. We confirm respondent’s findings of fact but, in view of petitioner’s otherwise clean record, we hold that the penalty imposed was excessive to the extent indicated herein and therefore an abuse of discretion. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Brennan, JJ., concur.

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Proceeding under article 78 of the CPLR to review respondent’s determination dated May 21, 1971, which suspended petitioner’s liquor license for 30 days commencing June 21, 1971. Determination modified, on the law, by changing the penalty to the making of a claim on petitioner’s $1,000 bond. As so modified, determination confirmed, without costs. We confirm respondent’s findings of fact but, in view of petitioner’s otherwise clean record, we hold that the penalty imposed was excessive to the extent indicated herein and therefore an abuse of discretion. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Brennan, JJ., concur.

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Bluebook (online)

39 A.D.2d 775, 333 N.Y.S.2d 731, 1972 N.Y. App. Div. LEXIS 4456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dante-caterers-inc-v-state-liquor-authority-nyappdiv-1972.