New Kenny's Getty Square, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

New Kenny's Getty Square, Inc. v. New York State Liquor Authority

33 A.D.2d 691, 306 N.Y.S.2d 418, 1969 N.Y. App. Div. LEXIS 2875

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

DecidedNovember 10, 1969

StatusPublished

This text of 33 A.D.2d 691 (New Kenny's Getty Square, 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

New Kenny's Getty Square, Inc. v. New York State Liquor Authority, 33 A.D.2d 691, 306 N.Y.S.2d 418, 1969 N.Y. App. Div. LEXIS 2875 (N.Y. Ct. App. 1969).

Pincite

Opinion

Proceeding under article 78 of the CPLR to review a determination of respondent, dated January 20, 1969, which suspended petitioner’s liquor license for 30 days, with 20 days thereof deferred. Determination modified, on the law, by reducing the period of suspension to 10 days and by providing that the suspension period, as so reduced, shall be deferred in its entirety. As so modified, determination confirmed, without costs. No questions of .fact have been considered. In our opinion, the penalty imposed was excessive to the extent indicated herein. It appears from the record that petitioner has not previously been charged with any violation of the Alcoholic Beverage Control Law, no less found guilty of any such violation. Beldock, P. J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.

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Proceeding under article 78 of the CPLR to review a determination of respondent, dated January 20, 1969, which suspended petitioner’s liquor license for 30 days, with 20 days thereof deferred. Determination modified, on the law, by reducing the period of suspension to 10 days and by providing that the suspension period, as so reduced, shall be deferred in its entirety. As so modified, determination confirmed, without costs. No questions of .fact have been considered. In our opinion, the penalty imposed was excessive to the extent indicated herein. It appears from the record that petitioner has not previously been charged with any violation of the Alcoholic Beverage Control Law, no less found guilty of any such violation. Beldock, P. J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 691, 306 N.Y.S.2d 418, 1969 N.Y. App. Div. LEXIS 2875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-kennys-getty-square-inc-v-new-york-state-liquor-authority-nyappdiv-1969.