Marino v. Melton

Appellate Division of the Supreme Court of New York

Marino v. Melton

65 A.D.2d 716, 411 N.Y.S.2d 187, 1978 N.Y. App. Div. LEXIS 13490

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

DecidedNovember 16, 1978

StatusPublished

This text of 65 A.D.2d 716 (Marino v. Melton) 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

Marino v. Melton, 65 A.D.2d 716, 411 N.Y.S.2d 187, 1978 N.Y. App. Div. LEXIS 13490 (N.Y. Ct. App. 1978).

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Opinion

Order and judgment (one paper), Supreme Court, New York County, entered March 3, 1978, unanimously affirmed, without costs and without disbursements. This proceeding should have been transferred to this court for initial review of the commissioner’s determination. Nevertheless, we have considered the record as if the matter reached this court in the [717]*717proper manner (see Matter of D. H. K. Rest, v New York State Liq. Auth., 31 AD2d 525, affd without opn 28 NY2d 836) and, upon such consideration, we find the determination supported by substantial evidence and we reject appellant’s constitutional challenge, especially since he disclaimed having difficulties with alcohol. Concur—Kupferman, J. P., Lupiano, Fein and Sullivan, JJ.

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Order and judgment (one paper), Supreme Court, New York County, entered March 3, 1978, unanimously affirmed, without costs and without disbursements. This proceeding should have been transferred to this court for initial review of the commissioner’s determination. Nevertheless, we have considered the record as if the matter reached this court in the [717]*717proper manner (see Matter of D. H. K. Rest, v New York State Liq. Auth., 31 AD2d 525, affd without opn 28 NY2d 836) and, upon such consideration, we find the determination supported by substantial evidence and we reject appellant’s constitutional challenge, especially since he disclaimed having difficulties with alcohol. Concur—Kupferman, J. P., Lupiano, Fein and Sullivan, JJ.

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Bluebook (online)

65 A.D.2d 716, 411 N.Y.S.2d 187, 1978 N.Y. App. Div. LEXIS 13490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marino-v-melton-nyappdiv-1978.

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