Klauber v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Klauber v. State Liquor Authority

2 A.D.2d 836, 155 N.Y.S.2d 555, 1956 N.Y. App. Div. LEXIS 4268

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

DecidedOctober 2, 1956

StatusPublished

This text of 2 A.D.2d 836 (Klauber 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

Klauber v. State Liquor Authority, 2 A.D.2d 836, 155 N.Y.S.2d 555, 1956 N.Y. App. Div. LEXIS 4268 (N.Y. Ct. App. 1956).

Pincite

Opinion

Determination unanimously modified so as to annul the finding made by the commissioner as to the charge involving George Dávis and, as so modified, confirmed, without costs. A consideration of all of the evidence does not afford a sufficient basis to predicate a finding that the licensee sold an alcoholic beverage to Davis on March 4, 1955, under circumstances constituting a violation of section 65 of the Alcoholic Beverage Control Law. In view of the modification, the matter is remitted to the commissioner for consideration de novo of the punishment to be imposed on the licensee. Settle order on notice. Concur — Peck, P. J., Botein, Rabin, Frank and Valente, JJ.

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Determination unanimously modified so as to annul the finding made by the commissioner as to the charge involving George Dávis and, as so modified, confirmed, without costs. A consideration of all of the evidence does not afford a sufficient basis to predicate a finding that the licensee sold an alcoholic beverage to Davis on March 4, 1955, under circumstances constituting a violation of section 65 of the Alcoholic Beverage Control Law. In view of the modification, the matter is remitted to the commissioner for consideration de novo of the punishment to be imposed on the licensee. Settle order on notice. Concur — Peck, P. J., Botein, Rabin, Frank and Valente, JJ.

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Bluebook (online)

2 A.D.2d 836, 155 N.Y.S.2d 555, 1956 N.Y. App. Div. LEXIS 4268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klauber-v-state-liquor-authority-nyappdiv-1956.