Ritter Wines & Liquors, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Ritter Wines & Liquors, Inc. v. State Liquor Authority

70 A.D.2d 643, 416 N.Y.S.2d 661, 1979 N.Y. App. Div. LEXIS 12084

Appellate Division of the Supreme Court of the State of New York·Decided May 21, 1979·Published·Cited by 1 cases

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Liquor Authority, dated August 2, 1978, which, after a hearing, (1) found that petitioner had violated subdivision 2 of section 101-bb of the Alcoholic Beverage Control Law, (2) suspended its retail liquor store license for a certain period and (3) imposed a $1,000 bond claim. Determination confirmed and proceeding dismissed on the merits, with costs. There is substantial evidence to support the determination. We find also that article 8 of the Alcoholic Beverage Control Law, including section 101-bb and regulations promulgated in enforcement thereof, is constitutional and not in violation of the antitrust laws (cf. Matter of Mezzetti Assoc, v State Liq. Auth., 66 AD2d 800; Matter of Theodore Polon, Inc. v State Liq. Auth., 59 AD2d 946). Damiani, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Liquor Authority, dated August 2, 1978, which, after a hearing, (1) found that petitioner had violated subdivision 2 of section 101-bb of the Alcoholic Beverage Control Law, (2) suspended its retail liquor store license for a certain period and (3) imposed a $1,000 bond claim. Determination confirmed and proceeding dismissed on the merits, with costs. There is substantial evidence to support the determination. We find also that article 8 of the Alcoholic Beverage Control Law, including section 101-bb and regulations promulgated in enforcement thereof, is constitutional and not in violation of the antitrust laws (cf. Matter of Mezzetti Assoc, v State Liq. Auth., 66 AD2d 800; Matter of Theodore Polon, Inc. v State Liq. Auth., 59 AD2d 946). Damiani, J. P., Cohalan, Margett and Martuscello, JJ., concur.

Ritter Wines & Liquors, Inc. v. State Liquor Authority, 70 A.D.2d 643, 416 N.Y.S.2d 661, 1979 N.Y. App. Div. LEXIS 12084 (N.Y. Ct. App. 1979).

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Opinion

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