J & M Broadway Restaurant Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

J & M Broadway Restaurant Inc. v. New York State Liquor Authority

266 A.D.2d 147, 699 N.Y.S.2d 27, 1999 N.Y. App. Div. LEXIS 12322

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

DecidedNovember 30, 1999

StatusPublished

This text of 266 A.D.2d 147 (J & M Broadway Restaurant 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.

Bluebook

J & M Broadway Restaurant Inc. v. New York State Liquor Authority, 266 A.D.2d 147, 699 N.Y.S.2d 27, 1999 N.Y. App. Div. LEXIS 12322 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Determination of respondent State Liquor Authority dated March 16, 1998 which revoked petitioner’s on-premises restaurant wine license, with monetary sanctions, 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 [Diane Lebedeff, J.], entered August 6, 1998), dismissed, without costs.

The determination that petitioner served alcohol during prohibited hours on five separate occasions and engaged in other serious misconduct is supported by substantial evidence (see, e.g., Matter of De Russo v New York State Liq. Auth., 222 AD2d 809). The penalty does not shock our sense of fairness (see, Matter of Warsaw Wines & Liqs. v New York State Liq. Auth., 245 AD2d 146, lv denied 91 NY2d 806). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Wallach and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Determination of respondent State Liquor Authority dated March 16, 1998 which revoked petitioner’s on-premises restaurant wine license, with monetary sanctions, 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 [Diane Lebedeff, J.], entered August 6, 1998), dismissed, without costs.

The determination that petitioner served alcohol during prohibited hours on five separate occasions and engaged in other serious misconduct is supported by substantial evidence (see, e.g., Matter of De Russo v New York State Liq. Auth., 222 AD2d 809). The penalty does not shock our sense of fairness (see, Matter of Warsaw Wines & Liqs. v New York State Liq. Auth., 245 AD2d 146, lv denied 91 NY2d 806). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Wallach and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

266 A.D.2d 147, 699 N.Y.S.2d 27, 1999 N.Y. App. Div. LEXIS 12322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-m-broadway-restaurant-inc-v-new-york-state-liquor-authority-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack