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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 21, 1979
• Status: Published

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.