Doherty's New Dorp Tavern v. New York State Liquor Authority

New York Court of Appeals

Doherty's New Dorp Tavern v. New York State Liquor Authority

434 N.E.2d 709, 55 N.Y.2d 1007, 449 N.Y.S.2d 473, 1982 N.Y. LEXIS 3176

New York Court of Appeals·Decided February 23, 1982·Published·Cited by 2 cases

Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (82 AD2d 858). The finding of the State Liquor Authority that the bouncer overreacted in forcibly ejecting a patron from the licensed premises, without more, is insufficient to sustain the charge. (See Matter of L.B.R. Enterprises v New York State Liq. Auth., 53 NY2d 714).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (82 AD2d 858). The finding of the State Liquor Authority that the bouncer overreacted in forcibly ejecting a patron from the licensed premises, without more, is insufficient to sustain the charge. (See Matter of L.B.R. Enterprises v New York State Liq. Auth., 53 NY2d 714).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Doherty's New Dorp Tavern v. New York State Liquor Authority, 434 N.E.2d 709, 55 N.Y.2d 1007, 449 N.Y.S.2d 473, 1982 N.Y. LEXIS 3176 (N.Y. 1982).

Pincite

434 N.E.2d 709 (Doherty's New Dorp Tavern v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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