Mr. Vigg Enterprises, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Mr. Vigg Enterprises, Inc. v. New York State Liquor Authority

209 A.D.2d 207, 618 N.Y.S.2d 535

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

DecidedNovember 3, 1994

StatusPublished

This text of 209 A.D.2d 207 (Mr. Vigg Enterprises, Inc. 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.

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Mr. Vigg Enterprises, Inc. v. New York State Liquor Authority, 209 A.D.2d 207, 618 N.Y.S.2d 535 (N.Y. Ct. App. 1994).

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Opinion

—Determination of respondent State Liquor Authority dated August 17, 1993, which suspended petitioner’s on-premises liquor license for 60 days, 30 days forthwith and 30 days deferred, and imposed a $1,000 forfeiture, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Milton L. Williams, J.], entered on or about December 10, 1993) is dismissed without costs or disbursements.

There is substantial evidence in the record as a whole to support the determination that petitioner permitted consumption of alcohol on the licensed premises more than one-half hour after the start of prohibited hours of sale of alcoholic beverages (see, Matter of Kopec v Buffalo Brake Beam-Acme Steel & Malleable Iron Works, 304 NY 65, 71), and the penalty imposed, based on petitioner’s history, is not shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222). Concur—Ellerin, J. P., Rubin, Nardelli and Ross, JJ.

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—Determination of respondent State Liquor Authority dated August 17, 1993, which suspended petitioner’s on-premises liquor license for 60 days, 30 days forthwith and 30 days deferred, and imposed a $1,000 forfeiture, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Milton L. Williams, J.], entered on or about December 10, 1993) is dismissed without costs or disbursements.

There is substantial evidence in the record as a whole to support the determination that petitioner permitted consumption of alcohol on the licensed premises more than one-half hour after the start of prohibited hours of sale of alcoholic beverages (see, Matter of Kopec v Buffalo Brake Beam-Acme Steel & Malleable Iron Works, 304 NY 65, 71), and the penalty imposed, based on petitioner’s history, is not shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222). Concur—Ellerin, J. P., Rubin, Nardelli and Ross, JJ.

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209 A.D.2d 207, 618 N.Y.S.2d 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mr-vigg-enterprises-inc-v-new-york-state-liquor-authority-nyappdiv-1994.

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