Pyramid Beverage Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Pyramid Beverage Corp. v. New York State Liquor Authority

116 A.D.2d 653, 498 N.Y.S.2d 320, 1986 N.Y. App. Div. LEXIS 51515

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

DecidedJanuary 21, 1986

StatusPublished

This text of 116 A.D.2d 653 (Pyramid Beverage Corp. 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

Pyramid Beverage Corp. v. New York State Liquor Authority, 116 A.D.2d 653, 498 N.Y.S.2d 320, 1986 N.Y. App. Div. LEXIS 51515 (N.Y. Ct. App. 1986).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated September 10, 1984, which, after a hearing, (1) found that petitioner had violated Alcoholic Beverage Control Law § 65 (1) in that it sold alcoholic beverages to a person under the age of 19 years, and (2) suspended petitioner’s wholesale beer license for a period of 40 days, of which 20 days were to be served forthwith and 20 days were to be deferred, plus a $5,000 bond forfeiture.

Determination confirmed and proceeding dismissed on the merits, with costs.

The determination under review is supported by substantial evidence in the record. Moreover, the penalty imposed was not shocking to the conscience (see, Matter of Pell v Board of Educ., 34 NY2d 222; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Mollen, P. J., Gibbons, Brown, Niehoff and Fiber, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated September 10, 1984, which, after a hearing, (1) found that petitioner had violated Alcoholic Beverage Control Law § 65 (1) in that it sold alcoholic beverages to a person under the age of 19 years, and (2) suspended petitioner’s wholesale beer license for a period of 40 days, of which 20 days were to be served forthwith and 20 days were to be deferred, plus a $5,000 bond forfeiture.

Determination confirmed and proceeding dismissed on the merits, with costs.

The determination under review is supported by substantial evidence in the record. Moreover, the penalty imposed was not shocking to the conscience (see, Matter of Pell v Board of Educ., 34 NY2d 222; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Mollen, P. J., Gibbons, Brown, Niehoff and Fiber, JJ., concur.

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Bluebook (online)

116 A.D.2d 653, 498 N.Y.S.2d 320, 1986 N.Y. App. Div. LEXIS 51515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pyramid-beverage-corp-v-new-york-state-liquor-authority-nyappdiv-1986.

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