Marquesano v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Marquesano v. State Liquor Authority

37 A.D.2d 557, 323 N.Y.S.2d 640, 1971 N.Y. App. Div. LEXIS 3625

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

DecidedJune 29, 1971

StatusPublished

This text of 37 A.D.2d 557 (Marquesano 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

Marquesano v. State Liquor Authority, 37 A.D.2d 557, 323 N.Y.S.2d 640, 1971 N.Y. App. Div. LEXIS 3625 (N.Y. Ct. App. 1971).

Pincite

Opinion

Determination of the State Liquor Authority, dated March 19, 1971, canceling petitioner’s special on-premises liquor license as of March 26, 1971, unanimously modified, on the law, to the extent of annulling such cancellation and substituting therefor a provision that petitioner’s license be suspended for 30 days and, as so modified, the determination is confirmed, without costs and without disbursements. In our opinion, upon the record herein, cancellation of petitioner’s license was so disproportionate to the offense committed by petitioner as to constitute an abuse of discretion, and the penalty should have been limited to the suspension as indicated herein. Concur — Stevens, P. J., Capozzoli, McGivern, Kupferman and Murphy, JJ.

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Determination of the State Liquor Authority, dated March 19, 1971, canceling petitioner’s special on-premises liquor license as of March 26, 1971, unanimously modified, on the law, to the extent of annulling such cancellation and substituting therefor a provision that petitioner’s license be suspended for 30 days and, as so modified, the determination is confirmed, without costs and without disbursements. In our opinion, upon the record herein, cancellation of petitioner’s license was so disproportionate to the offense committed by petitioner as to constitute an abuse of discretion, and the penalty should have been limited to the suspension as indicated herein. Concur — Stevens, P. J., Capozzoli, McGivern, Kupferman and Murphy, JJ.

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Bluebook (online)

37 A.D.2d 557, 323 N.Y.S.2d 640, 1971 N.Y. App. Div. LEXIS 3625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquesano-v-state-liquor-authority-nyappdiv-1971.