Postiglione v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Postiglione v. State Liquor Authority

23 A.D.2d 662, 256 N.Y.S.2d 919, 1965 N.Y. App. Div. LEXIS 4770

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

DecidedMarch 1, 1965

StatusPublished

This text of 23 A.D.2d 662 (Postiglione 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

Postiglione v. State Liquor Authority, 23 A.D.2d 662, 256 N.Y.S.2d 919, 1965 N.Y. App. Div. LEXIS 4770 (N.Y. Ct. App. 1965).

Pincite

Opinion

Proceeding under article 78 of the Civil Practice Law and Rules, to review and to annul a determination of the New York State Liquor Authority, made August 25, 1964 after a hearing, which found petitioners guilty and which: (1) suspended for 10 days their restaurant liquor license; and (2) directed forfeiture of $500 upon the bond furnished by them incident to the issuance of their license. By order of the Supreme Court, Queens County, made October 21, 1964, pursuant to statute (CPLR 7804, subd. [g]), the proceeding has been transferred to this court for disposition. Determination confirmed, without costs. Petitioners were [663]*663charged with having Suffered of permitted gambling on the licensed premises, in violation of the Alcoholic Beverage Control Law (§ 106, subd. 6). The proof adduced was sufficient to show that their bartender accepted wagers on horse races and sold Syndicated football tickets with the full knowledge and Consent of the licensee Matteo Postiglione. Under the circumstances, the penalty imposed was not excessive. Beldock, P. J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.

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Proceeding under article 78 of the Civil Practice Law and Rules, to review and to annul a determination of the New York State Liquor Authority, made August 25, 1964 after a hearing, which found petitioners guilty and which: (1) suspended for 10 days their restaurant liquor license; and (2) directed forfeiture of $500 upon the bond furnished by them incident to the issuance of their license. By order of the Supreme Court, Queens County, made October 21, 1964, pursuant to statute (CPLR 7804, subd. [g]), the proceeding has been transferred to this court for disposition. Determination confirmed, without costs. Petitioners were [663]*663charged with having Suffered of permitted gambling on the licensed premises, in violation of the Alcoholic Beverage Control Law (§ 106, subd. 6). The proof adduced was sufficient to show that their bartender accepted wagers on horse races and sold Syndicated football tickets with the full knowledge and Consent of the licensee Matteo Postiglione. Under the circumstances, the penalty imposed was not excessive. Beldock, P. J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 662, 256 N.Y.S.2d 919, 1965 N.Y. App. Div. LEXIS 4770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/postiglione-v-state-liquor-authority-nyappdiv-1965.

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