Dodd's Liquor City Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Dodd's Liquor City Corp. v. New York State Liquor Authority

52 A.D.2d 879, 384 N.Y.S.2d 704, 1976 N.Y. App. Div. LEXIS 12717

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

DecidedMay 10, 1976

StatusPublished

This text of 52 A.D.2d 879 (Dodd's Liquor City Corp. 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

Dodd's Liquor City Corp. v. New York State Liquor Authority, 52 A.D.2d 879, 384 N.Y.S.2d 704, 1976 N.Y. App. Div. LEXIS 12717 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated October 17, 1975, which, after a hearing, suspended petitioner’s retail liquor store license for a period of 10 days and imposed a $1,000 bond claim. Petition granted to the extent that the determination is modified, on the law, by (1) deferring the suspension and (2) reducing the bond claim to $250. As so modified, determination confirmed and proceeding otherwise dismissed on the merits, without costs or disbursements. No findings of fact were presented for review. The punishment imposed was disproportionate to the offense to the extent indicated herein and constituted an abuse of discretion (see Matter of Shore Haven Lounge v New York State Liq. Auth., 37 NY2d 187). Margett, Damiani and Hawkins, JJ., concur; Hopkins, Acting P. J. and Rabin, J., dissent and vote to confirm the determination.

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Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated October 17, 1975, which, after a hearing, suspended petitioner’s retail liquor store license for a period of 10 days and imposed a $1,000 bond claim. Petition granted to the extent that the determination is modified, on the law, by (1) deferring the suspension and (2) reducing the bond claim to $250. As so modified, determination confirmed and proceeding otherwise dismissed on the merits, without costs or disbursements. No findings of fact were presented for review. The punishment imposed was disproportionate to the offense to the extent indicated herein and constituted an abuse of discretion (see Matter of Shore Haven Lounge v New York State Liq. Auth., 37 NY2d 187). Margett, Damiani and Hawkins, JJ., concur; Hopkins, Acting P. J. and Rabin, J., dissent and vote to confirm the determination.

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Bluebook (online)

52 A.D.2d 879, 384 N.Y.S.2d 704, 1976 N.Y. App. Div. LEXIS 12717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodds-liquor-city-corp-v-new-york-state-liquor-authority-nyappdiv-1976.

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