Emmi's Tavern, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Emmi's Tavern, Inc. v. New York State Liquor Authority

112 A.D.2d 224, 491 N.Y.S.2d 597, 1985 N.Y. App. Div. LEXIS 55969

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

DecidedJuly 8, 1985

StatusPublished

This text of 112 A.D.2d 224 (Emmi's Tavern, 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

Emmi's Tavern, Inc. v. New York State Liquor Authority, 112 A.D.2d 224, 491 N.Y.S.2d 597, 1985 N.Y. App. Div. LEXIS 55969 (N.Y. Ct. App. 1985).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Liquor Authority which sustained charges based upon Alcoholic Beverage Control Law § 106 (6) and 9 NYCRR 53.1 (r) (2) and directed the temporary suspension of petitioner’s liquor license and a $1,000 bond claim.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Upon this record, there is substantial evidence to support the determination of respondent and no basis to conclude that the penalty imposed was shocking to one’s sense of fairness (see, e.g., Matter of Pell v Board of Educ., 34 NY2d 222). Mangano, J. P., Thompson, Brown and Kunzeman, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the New York State Liquor Authority which sustained charges based upon Alcoholic Beverage Control Law § 106 (6) and 9 NYCRR 53.1 (r) (2) and directed the temporary suspension of petitioner’s liquor license and a $1,000 bond claim.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Upon this record, there is substantial evidence to support the determination of respondent and no basis to conclude that the penalty imposed was shocking to one’s sense of fairness (see, e.g., Matter of Pell v Board of Educ., 34 NY2d 222). Mangano, J. P., Thompson, Brown and Kunzeman, JJ., concur.

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Bluebook (online)

112 A.D.2d 224, 491 N.Y.S.2d 597, 1985 N.Y. App. Div. LEXIS 55969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmis-tavern-inc-v-new-york-state-liquor-authority-nyappdiv-1985.

Opinion

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