DeLion Grocery, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

DeLion Grocery, Inc. v. New York State Liquor Authority

224 A.D.2d 298, 638 N.Y.S.2d 32, 1996 N.Y. App. Div. LEXIS 1074

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

DecidedFebruary 15, 1996

StatusPublished

Cited by1 cases

This text of 224 A.D.2d 298 (DeLion Grocery, 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

DeLion Grocery, Inc. v. New York State Liquor Authority, 224 A.D.2d 298, 638 N.Y.S.2d 32, 1996 N.Y. App. Div. LEXIS 1074 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Determination of respondent State Liquor Authority dated July 27, 1994, suspending petitioner’s liquor license for 60 days and imposing a $1,000 bond forfeiture, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Carol Arber, J.], entered February 9, 1995) is dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner sold beer to an underage police cadet without asking for identification in violation of Alcoholic Beverage Control Law § 65 (1). Conflicts in the record concerning the identity of the cashier who took the cadet’s money, and the testimony of petitioner’s witnesses that petitioner does not sell beer to younger-looking customers without checking proof of age, raised issues of credibility that are for respondent to resolve (see, Matter of Stork Rest. v Boland, 282 NY 256, 267, 274). The penalty is not so disproportionate to the offense as to shock the conscience (see, Matter of Humadi v New York State Liq. Auth., 210 AD2d 109, 110, citing Matter of Barnett v O’Connell, 279 [299]*299App Div 449, 450). Concur — Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Determination of respondent State Liquor Authority dated July 27, 1994, suspending petitioner’s liquor license for 60 days and imposing a $1,000 bond forfeiture, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Carol Arber, J.], entered February 9, 1995) is dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner sold beer to an underage police cadet without asking for identification in violation of Alcoholic Beverage Control Law § 65 (1). Conflicts in the record concerning the identity of the cashier who took the cadet’s money, and the testimony of petitioner’s witnesses that petitioner does not sell beer to younger-looking customers without checking proof of age, raised issues of credibility that are for respondent to resolve (see, Matter of Stork Rest. v Boland, 282 NY 256, 267, 274). The penalty is not so disproportionate to the offense as to shock the conscience (see, Matter of Humadi v New York State Liq. Auth., 210 AD2d 109, 110, citing Matter of Barnett v O’Connell, 279 [299]*299App Div 449, 450). Concur — Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

224 A.D.2d 298, 638 N.Y.S.2d 32, 1996 N.Y. App. Div. LEXIS 1074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delion-grocery-inc-v-new-york-state-liquor-authority-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack