Gallagher v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Gallagher v. State Liquor Authority

29 A.D.2d 676, 286 N.Y.S.2d 869, 1968 N.Y. App. Div. LEXIS 4800

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

DecidedJanuary 22, 1968

StatusPublished

Cited by1 cases

This text of 29 A.D.2d 676 (Gallagher 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

Gallagher v. State Liquor Authority, 29 A.D.2d 676, 286 N.Y.S.2d 869, 1968 N.Y. App. Div. LEXIS 4800 (N.Y. Ct. App. 1968).

Pincite

Opinion

Proceeding under CPLR article 78 to annul respondent’s determination, dated September 8, 1966, which suspended petitioner’s restaurant liquor license for 10 days and demanded payment of petitioner’s $1,000 bond on the ground that petitioner had suffered or permitted gambling on the licensed premises, in violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law. Determination modified, on the law and in the exercise of discretion, by striking out the demand for payment of the bond, and otherwise confirmed, without costs. In our opinion the provision for payment of the bond as an additional penalty was excessive. Under all the circumstances, the penalty should have been limited to a suspension of the license [677]*677for a period of 10 days. Beldoek, P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.

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Proceeding under CPLR article 78 to annul respondent’s determination, dated September 8, 1966, which suspended petitioner’s restaurant liquor license for 10 days and demanded payment of petitioner’s $1,000 bond on the ground that petitioner had suffered or permitted gambling on the licensed premises, in violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law. Determination modified, on the law and in the exercise of discretion, by striking out the demand for payment of the bond, and otherwise confirmed, without costs. In our opinion the provision for payment of the bond as an additional penalty was excessive. Under all the circumstances, the penalty should have been limited to a suspension of the license [677]*677for a period of 10 days. Beldoek, P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.

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Bluebook (online)

29 A.D.2d 676, 286 N.Y.S.2d 869, 1968 N.Y. App. Div. LEXIS 4800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-state-liquor-authority-nyappdiv-1968.

Opinion

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