Fenimore Circle Corp. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Fenimore Circle Corp. v. State Liquor Authority

33 A.D.2d 1024, 308 N.Y.S.2d 307, 1970 N.Y. App. Div. LEXIS 5619

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

DecidedFebruary 2, 1970

StatusPublished

This text of 33 A.D.2d 1024 (Fenimore Circle Corp. v. 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

Fenimore Circle Corp. v. State Liquor Authority, 33 A.D.2d 1024, 308 N.Y.S.2d 307, 1970 N.Y. App. Div. LEXIS 5619 (N.Y. Ct. App. 1970).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to annul a determination of the State Liquor Authority, dated March 21, 1969,’ which revoked petitioner’s liquor license. Proceeding dismissed on the merits and determination confirmed, with costs. No opinion. Christ, Acting P. J., Brennan and Munder, JJ., concur; Rabin and Benjamin, JJ., dissent and vote to modify the determination by reducing the penalty from revocation to suspension from the effective date of the order of revocation (Feb. 28, 1969) to the present time. In our view the penalty of revocation is, in the circumstances presented, excessive to the extent indicated and constitutes an abuse of discretion.

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Proceeding pursuant to article 78 of the CPLR to annul a determination of the State Liquor Authority, dated March 21, 1969,’ which revoked petitioner’s liquor license. Proceeding dismissed on the merits and determination confirmed, with costs. No opinion. Christ, Acting P. J., Brennan and Munder, JJ., concur; Rabin and Benjamin, JJ., dissent and vote to modify the determination by reducing the penalty from revocation to suspension from the effective date of the order of revocation (Feb. 28, 1969) to the present time. In our view the penalty of revocation is, in the circumstances presented, excessive to the extent indicated and constitutes an abuse of discretion.

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Bluebook (online)

33 A.D.2d 1024, 308 N.Y.S.2d 307, 1970 N.Y. App. Div. LEXIS 5619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenimore-circle-corp-v-state-liquor-authority-nyappdiv-1970.