Kearney-Gallagher Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Kearney-Gallagher Corp. v. New York State Liquor Authority

33 A.D.2d 683, 306 N.Y.S.2d 397, 1969 N.Y. App. Div. LEXIS 2792

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

DecidedNovember 25, 1969

StatusPublished

This text of 33 A.D.2d 683 (Kearney-Gallagher Corp. 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

Kearney-Gallagher Corp. v. New York State Liquor Authority, 33 A.D.2d 683, 306 N.Y.S.2d 397, 1969 N.Y. App. Div. LEXIS 2792 (N.Y. Ct. App. 1969).

Pincite

Opinion

Proceeding under article.78 of the CPLR to review a determination of the State Liquor' Authority which canceled petitioner’s special on-premises liquor license. Determination unanimously modified, on the law, to the extent of annulling such cancellation and substituting therefor a provision that petitioner’s license be suspended for 10 days; and as so modified determination confirmed, without costs or disbursements. In our opinion, upon the record before us, and in view of the nature of the violation and petitioner’s unblemished record, cancellation of petitioner’s license was so disproportionate to the offense committed by petitioner as to constitute an abuse of discretion, and the penalty should have been limited to the suspension as indicated herein. Concur — Eager, J. P., Capozzoli, Tilzer, Nunez and Steuer, JJ.

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

Proceeding under article.78 of the CPLR to review a determination of the State Liquor' Authority which canceled petitioner’s special on-premises liquor license. Determination unanimously modified, on the law, to the extent of annulling such cancellation and substituting therefor a provision that petitioner’s license be suspended for 10 days; and as so modified determination confirmed, without costs or disbursements. In our opinion, upon the record before us, and in view of the nature of the violation and petitioner’s unblemished record, cancellation of petitioner’s license was so disproportionate to the offense committed by petitioner as to constitute an abuse of discretion, and the penalty should have been limited to the suspension as indicated herein. Concur — Eager, J. P., Capozzoli, Tilzer, Nunez and Steuer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

33 A.D.2d 683, 306 N.Y.S.2d 397, 1969 N.Y. App. Div. LEXIS 2792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kearney-gallagher-corp-v-new-york-state-liquor-authority-nyappdiv-1969.