Four Star Steak House, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Four Star Steak House, Inc. v. State Liquor Authority

41 A.D.2d 840, 342 N.Y.S.2d 648, 1973 N.Y. App. Div. LEXIS 4781

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

DecidedApril 9, 1973

StatusPublished

This text of 41 A.D.2d 840 (Four Star Steak House, Inc. 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

Four Star Steak House, Inc. v. State Liquor Authority, 41 A.D.2d 840, 342 N.Y.S.2d 648, 1973 N.Y. App. Div. LEXIS 4781 (N.Y. Ct. App. 1973).

Pincite

Opinion

-Proceeding pursuant to article 78 of the CPLR to review a determination of the respondent State Liquor Authority, dated September 18, 1972, which canceled petitioner’s restaurant liquor license and made claim on petitioner’s bond in the amount of $1,000. Determination modified, on the law, by changing the penalty to six months’ suspension of the license, all of which period of suspension^shall be deferred, plus the $1,000 claim on the bond. As so modified, determination confirmed, without costs. We confirm the respondent Authority’s findings of petitioner’s guilt, but tinder all the circumstances we hold that the penalty imposed was excessive and an abuse of discretion to the extent indicated herein. Munder, Latham and [841]*841Shapiro, JJ., concur; Rabin, P. J., and Hopkins, J., dissent and vote to confirm the determination.

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-Proceeding pursuant to article 78 of the CPLR to review a determination of the respondent State Liquor Authority, dated September 18, 1972, which canceled petitioner’s restaurant liquor license and made claim on petitioner’s bond in the amount of $1,000. Determination modified, on the law, by changing the penalty to six months’ suspension of the license, all of which period of suspension^shall be deferred, plus the $1,000 claim on the bond. As so modified, determination confirmed, without costs. We confirm the respondent Authority’s findings of petitioner’s guilt, but tinder all the circumstances we hold that the penalty imposed was excessive and an abuse of discretion to the extent indicated herein. Munder, Latham and [841]*841Shapiro, JJ., concur; Rabin, P. J., and Hopkins, J., dissent and vote to confirm the determination.

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Bluebook (online)

41 A.D.2d 840, 342 N.Y.S.2d 648, 1973 N.Y. App. Div. LEXIS 4781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/four-star-steak-house-inc-v-state-liquor-authority-nyappdiv-1973.