Nowhere Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Nowhere Inc. v. State Liquor Authority

45 A.D.2d 850, 358 N.Y.S.2d 966, 1974 N.Y. App. Div. LEXIS 4441

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

DecidedJuly 8, 1974

StatusPublished

This text of 45 A.D.2d 850 (Nowhere Inc. 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

Nowhere Inc. v. State Liquor Authority, 45 A.D.2d 850, 358 N.Y.S.2d 966, 1974 N.Y. App. Div. LEXIS 4441 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated October 1, 1973, which (1) suspended petitioner’s liquor license for 40 days, with 10 days thereof remitted, and (2) imposed a claim of $500 on petitioner’s bond, the appeal is from a judgment of the Supreme Court, Kings County, dated November 26, 1973, which dismissed the proceeding on the merits. Judgment modified, on the law, by adding the following thereto: “except that the remaining 30 days of the suspension are ordered to be deferred”. As so modified, judgment affirmed, without costs. In our opinion the penalty was excessive to the extent indicated herein. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and Munder, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated October 1, 1973, which (1) suspended petitioner’s liquor license for 40 days, with 10 days thereof remitted, and (2) imposed a claim of $500 on petitioner’s bond, the appeal is from a judgment of the Supreme Court, Kings County, dated November 26, 1973, which dismissed the proceeding on the merits. Judgment modified, on the law, by adding the following thereto: “except that the remaining 30 days of the suspension are ordered to be deferred”. As so modified, judgment affirmed, without costs. In our opinion the penalty was excessive to the extent indicated herein. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and Munder, JJ., concur.

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Bluebook (online)

45 A.D.2d 850, 358 N.Y.S.2d 966, 1974 N.Y. App. Div. LEXIS 4441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowhere-inc-v-state-liquor-authority-nyappdiv-1974.