Floor v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Floor v. State Liquor Authority

55 A.D.2d 1048

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

DecidedJanuary 21, 1977

StatusPublished

This text of 55 A.D.2d 1048 (Floor 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

Floor v. State Liquor Authority, 55 A.D.2d 1048 (N.Y. Ct. App. 1977).

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Opinion

Determination unanimously modified by eliminating the bond forfeiture in the amount of $500 and, as so modified, determination confirmed, without costs. Memorandum: The finding of permitting gambling on the premises is supported by substantial evidence. The penalty, however, is too severe in light of all the circumstances. We concur with the two dissenting members of the authority that the penalty of a 10-day suspension without any bond forfeiture is the appropriate punishment. (Article 78 proceeding transferred by order of Onondaga Supreme Court.) Present — Marsh, P. J., Simons, Dillon, Goldman and Witmer, JJ.

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Determination unanimously modified by eliminating the bond forfeiture in the amount of $500 and, as so modified, determination confirmed, without costs. Memorandum: The finding of permitting gambling on the premises is supported by substantial evidence. The penalty, however, is too severe in light of all the circumstances. We concur with the two dissenting members of the authority that the penalty of a 10-day suspension without any bond forfeiture is the appropriate punishment. (Article 78 proceeding transferred by order of Onondaga Supreme Court.) Present — Marsh, P. J., Simons, Dillon, Goldman and Witmer, JJ.

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Bluebook (online)

55 A.D.2d 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/floor-v-state-liquor-authority-nyappdiv-1977.