Kuscher v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Kuscher v. New York State Liquor Authority

44 A.D.2d 555, 353 N.Y.S.2d 714, 1974 N.Y. App. Div. LEXIS 5568

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

DecidedMarch 4, 1974

StatusPublished

This text of 44 A.D.2d 555 (Kuscher 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

Kuscher v. New York State Liquor Authority, 44 A.D.2d 555, 353 N.Y.S.2d 714, 1974 N.Y. App. Div. LEXIS 5568 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated July 31, 1973, canceling petitioner’s liquor license and imposing a bond claim of $1,000, the appeal is from a judgment of the Supreme Court, Kings County, dated October 12, 1973, which dismissed the proceeding on the merits. Judgment reversed, on the law, without costs; petition granted to the extent that respondent’s determination is modified by reducing the penalty to a 30-day suspension of the license and a $500 bond claim; petition dismissed on the merits in all other respects; and respondent’s determination confirmed as modified herein. The penalty imposed was excessive and an abuse of discretion to the extent indicated herein. Gulotta, P. J., Hopkins, Martuseello, Latham and Brennan, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated July 31, 1973, canceling petitioner’s liquor license and imposing a bond claim of $1,000, the appeal is from a judgment of the Supreme Court, Kings County, dated October 12, 1973, which dismissed the proceeding on the merits. Judgment reversed, on the law, without costs; petition granted to the extent that respondent’s determination is modified by reducing the penalty to a 30-day suspension of the license and a $500 bond claim; petition dismissed on the merits in all other respects; and respondent’s determination confirmed as modified herein. The penalty imposed was excessive and an abuse of discretion to the extent indicated herein. Gulotta, P. J., Hopkins, Martuseello, Latham and Brennan, JJ., concur.

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Bluebook (online)

44 A.D.2d 555, 353 N.Y.S.2d 714, 1974 N.Y. App. Div. LEXIS 5568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuscher-v-new-york-state-liquor-authority-nyappdiv-1974.