Mazurczak v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Mazurczak v. State Liquor Authority

18 A.D.2d 920, 238 N.Y.S.2d 151, 1963 N.Y. App. Div. LEXIS 4403

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

DecidedFebruary 11, 1963

StatusPublished

This text of 18 A.D.2d 920 (Mazurczak 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

Mazurczak v. State Liquor Authority, 18 A.D.2d 920, 238 N.Y.S.2d 151, 1963 N.Y. App. Div. LEXIS 4403 (N.Y. Ct. App. 1963).

Pincite

Opinion

Proceeding under article 78 of the Civil Practice Act, to annul a determination of the State Liquor Authority, made November 23, 1962 after a hearing, which: (a) revoked petitioner’s restaurant liquor license on the ground that he violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law; (b) directed that no new license be issued for two years; [921]*921and (c) denied petitioner’s application for a rehearing. By order of the Supreme Court, Kings County, made December 14, 1962 pursuant to statute (Civ. Prae. Aet, § 1296), the proceeding has been transferred to this court for disposition. Determination confirmed, without costs. In our opinion, there was substantial evidence to warrant the Authority’s determination; petitioner was not denied a fair hearing; and the severity of the penalty was not an abuse of discretion by the Authority. Beldoek, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.

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Proceeding under article 78 of the Civil Practice Act, to annul a determination of the State Liquor Authority, made November 23, 1962 after a hearing, which: (a) revoked petitioner’s restaurant liquor license on the ground that he violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law; (b) directed that no new license be issued for two years; [921]*921and (c) denied petitioner’s application for a rehearing. By order of the Supreme Court, Kings County, made December 14, 1962 pursuant to statute (Civ. Prae. Aet, § 1296), the proceeding has been transferred to this court for disposition. Determination confirmed, without costs. In our opinion, there was substantial evidence to warrant the Authority’s determination; petitioner was not denied a fair hearing; and the severity of the penalty was not an abuse of discretion by the Authority. Beldoek, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 920, 238 N.Y.S.2d 151, 1963 N.Y. App. Div. LEXIS 4403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazurczak-v-state-liquor-authority-nyappdiv-1963.