In Good Spirits, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

In Good Spirits, Inc. v. New York State Liquor Authority

222 A.D.2d 285, 636 N.Y.S.2d 614, 1995 N.Y. App. Div. LEXIS 12857

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

DecidedDecember 14, 1995

StatusPublished

This text of 222 A.D.2d 285 (In Good Spirits, 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.

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In Good Spirits, Inc. v. New York State Liquor Authority, 222 A.D.2d 285, 636 N.Y.S.2d 614, 1995 N.Y. App. Div. LEXIS 12857 (N.Y. Ct. App. 1995).

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—Determination of respondent State Liquor Authority dated August 9, 1994, suspending petitioner’s off-premises liquor license for 40 days (20 days forthwith, 20 days deferred) and imposing a $1,000 bond forfeiture, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Emily Jane Goodman, J.], entered November 3, 1994) is dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner violated Alcoholic Beverage Control Law § 100 (1) and abetted violation of section 102 (3-b) (see, Matter of 2 W. 125th Liqs. v New York State Liq. Auth., 217 AD2d 516; Matter of Avon Bar & Grill v O’Connell, 301 NY 150, 153). We have considered petitioner’s other arguments, including that the penalty is excessive, and find them to be without merit. Concur — Ellerin, J. P., Ross, Nardelli, Williams and Mazzarelli, JJ. [As amended by unpublished order entered Feb. 6, 1996.]

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—Determination of respondent State Liquor Authority dated August 9, 1994, suspending petitioner’s off-premises liquor license for 40 days (20 days forthwith, 20 days deferred) and imposing a $1,000 bond forfeiture, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Emily Jane Goodman, J.], entered November 3, 1994) is dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner violated Alcoholic Beverage Control Law § 100 (1) and abetted violation of section 102 (3-b) (see, Matter of 2 W. 125th Liqs. v New York State Liq. Auth., 217 AD2d 516; Matter of Avon Bar & Grill v O’Connell, 301 NY 150, 153). We have considered petitioner’s other arguments, including that the penalty is excessive, and find them to be without merit. Concur — Ellerin, J. P., Ross, Nardelli, Williams and Mazzarelli, JJ. [As amended by unpublished order entered Feb. 6, 1996.]

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222 A.D.2d 285, 636 N.Y.S.2d 614, 1995 N.Y. App. Div. LEXIS 12857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-good-spirits-inc-v-new-york-state-liquor-authority-nyappdiv-1995.

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