Neri's Continental, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Neri's Continental, Inc. v. New York State Liquor Authority

27 A.D.2d 921, 279 N.Y.S.2d 376, 1967 N.Y. App. Div. LEXIS 4395

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

DecidedApril 20, 1967

StatusPublished

This text of 27 A.D.2d 921 (Neri's Continental, 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.

Bluebook

Neri's Continental, Inc. v. New York State Liquor Authority, 27 A.D.2d 921, 279 N.Y.S.2d 376, 1967 N.Y. App. Div. LEXIS 4395 (N.Y. Ct. App. 1967).

Pincite

Opinion

Determination of State Liquor Authority suspending petitioner’s license for 10 days, imposing payment of the penal sum of the bond filed and deferring the suspension for 12 months upon the payment of said sum, unanimously annulled, on the law, with $50 costs and disbursements to petitioner. The improper conduct relied on to bring petitioner within subdivision 14 of rule 36 (9 NYCRR 53.1 [n]) consisted of alleged violations of sections 100 and 102 of the Alcoholic Beverage Control Law. Since the charges that such violations occurred were not sustained, the finding of improper conduct is without basis. (See, also, Matter of Winfield Flynn, Ltd. v. New York State Liq. Auth., 23 A D 2d 745.) Concur — Botein, P. J., Stevens, Eager, Tilzcr and Rabin, JJ.

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Determination of State Liquor Authority suspending petitioner’s license for 10 days, imposing payment of the penal sum of the bond filed and deferring the suspension for 12 months upon the payment of said sum, unanimously annulled, on the law, with $50 costs and disbursements to petitioner. The improper conduct relied on to bring petitioner within subdivision 14 of rule 36 (9 NYCRR 53.1 [n]) consisted of alleged violations of sections 100 and 102 of the Alcoholic Beverage Control Law. Since the charges that such violations occurred were not sustained, the finding of improper conduct is without basis. (See, also, Matter of Winfield Flynn, Ltd. v. New York State Liq. Auth., 23 A D 2d 745.) Concur — Botein, P. J., Stevens, Eager, Tilzcr and Rabin, JJ.

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Bluebook (online)

27 A.D.2d 921, 279 N.Y.S.2d 376, 1967 N.Y. App. Div. LEXIS 4395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neris-continental-inc-v-new-york-state-liquor-authority-nyappdiv-1967.