Kened Bar Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Kened Bar Inc. v. New York State Liquor Authority

99 A.D.2d 511, 471 N.Y.S.2d 12, 1984 N.Y. App. Div. LEXIS 16715

Appellate Division of the Supreme Court of the State of New York·Decided January 16, 1984·Published

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of respondent, dated February 4,1983, which, after a hearing, found petitioner guilty of certain charges, suspended its liquor license for 60 days (30 days forthwith and 30 days deferred), and imposed a $1,000 bond claim. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. There was sufficient evidence to support the determination that petitioner (1) maintained a second bar on the premises, in violation of subdivision 4 of section 100 of the Alcoholic Beverage Control Law and (2) abetted the sale of alcohol at an unlicensed premises, in violation of 9 NYCRR 53.1 (h) and subdivision 1 of section 100 of the Alcoholic Beverage Control Law. (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; Matter of Pell v Board of Educ., 34 NY2d 222.) Bracken, J. P., O’Connor, Brown and Niehoff, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of respondent, dated February 4,1983, which, after a hearing, found petitioner guilty of certain charges, suspended its liquor license for 60 days (30 days forthwith and 30 days deferred), and imposed a $1,000 bond claim. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. There was sufficient evidence to support the determination that petitioner (1) maintained a second bar on the premises, in violation of subdivision 4 of section 100 of the Alcoholic Beverage Control Law and (2) abetted the sale of alcohol at an unlicensed premises, in violation of 9 NYCRR 53.1 (h) and subdivision 1 of section 100 of the Alcoholic Beverage Control Law. (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; Matter of Pell v Board of Educ., 34 NY2d 222.) Bracken, J. P., O’Connor, Brown and Niehoff, JJ., concur.

Kened Bar Inc. v. New York State Liquor Authority, 99 A.D.2d 511, 471 N.Y.S.2d 12, 1984 N.Y. App. Div. LEXIS 16715 (N.Y. Ct. App. 1984).

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99 A.D.2d 511 (Kened Bar Inc. v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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