Deeway Restaurant Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Deeway Restaurant Inc. v. New York State Liquor Authority

38 A.D.2d 865, 330 N.Y.S.2d 285

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

DecidedFebruary 28, 1972

StatusPublished

This text of 38 A.D.2d 865 (Deeway Restaurant Inc. 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

Deeway Restaurant Inc. v. New York State Liquor Authority, 38 A.D.2d 865, 330 N.Y.S.2d 285 (N.Y. Ct. App. 1972).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to annul respondent’s determination dated January 21, 1972, which canceled petitioner’s liquor license on the ground that he had violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law, in that petitioner had suffered or permitted the licensed premises to become disorderly and permitted an altercation therein. Application granted to the extent that the determination is modified, on the law, by changing the penalty to a suspension of the license for 60 days and to a demand upon petitioner’s bond to the extent of $500. As so modified, determination confirmed, without costs. In our opinion, the punishment imposed was excessive to the extent indicated herein. Rabin, P. J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to annul respondent’s determination dated January 21, 1972, which canceled petitioner’s liquor license on the ground that he had violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law, in that petitioner had suffered or permitted the licensed premises to become disorderly and permitted an altercation therein. Application granted to the extent that the determination is modified, on the law, by changing the penalty to a suspension of the license for 60 days and to a demand upon petitioner’s bond to the extent of $500. As so modified, determination confirmed, without costs. In our opinion, the punishment imposed was excessive to the extent indicated herein. Rabin, P. J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

38 A.D.2d 865, 330 N.Y.S.2d 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deeway-restaurant-inc-v-new-york-state-liquor-authority-nyappdiv-1972.