Leewood Beverage Center, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Leewood Beverage Center, Inc. v. State Liquor Authority

139 A.D.2d 649, 527 N.Y.S.2d 288, 1988 N.Y. App. Div. LEXIS 4400

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

DecidedApril 18, 1988

StatusPublished

Cited by3 cases

This text of 139 A.D.2d 649 (Leewood Beverage Center, Inc. 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

Leewood Beverage Center, Inc. v. State Liquor Authority, 139 A.D.2d 649, 527 N.Y.S.2d 288, 1988 N.Y. App. Div. LEXIS 4400 (N.Y. Ct. App. 1988).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority dated June 24, 1987, which, after a hearing, suspended the petitioner’s liquor license for a period of 40 days, 20 days forthwith and 20 days deferred, based upon a finding of a violation of the Alcoholic Beverage Control Law.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs of disbursements.

Based upon our review of the record, we find that the respondent’s determination finding that the petitioner violated Alcoholic Beverage Control Law § 65 (1) by selling alcoholic beverages to minors on two separate occasions is supported by substantial evidence and thus will not be disturbed (see, CPLR 7803 [4]). Additionally, the imposed penalty of a 40-day suspension, 20 days forthwith and 20 days deferred, of the petitioner’s liquor license was not " 'so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). Mollen, P. J., Mangano, Brown and Harwood, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority dated June 24, 1987, which, after a hearing, suspended the petitioner’s liquor license for a period of 40 days, 20 days forthwith and 20 days deferred, based upon a finding of a violation of the Alcoholic Beverage Control Law.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs of disbursements.

Based upon our review of the record, we find that the respondent’s determination finding that the petitioner violated Alcoholic Beverage Control Law § 65 (1) by selling alcoholic beverages to minors on two separate occasions is supported by substantial evidence and thus will not be disturbed (see, CPLR 7803 [4]). Additionally, the imposed penalty of a 40-day suspension, 20 days forthwith and 20 days deferred, of the petitioner’s liquor license was not " 'so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). Mollen, P. J., Mangano, Brown and Harwood, JJ., concur.

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Bluebook (online)

139 A.D.2d 649, 527 N.Y.S.2d 288, 1988 N.Y. App. Div. LEXIS 4400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leewood-beverage-center-inc-v-state-liquor-authority-nyappdiv-1988.

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