Rockville Midway Corp. v. State of New York Liquor Authority

Appellate Division of the Supreme Court of New York

Rockville Midway Corp. v. State of New York Liquor Authority

262 A.D.2d 417, 689 N.Y.S.2d 666, 1999 N.Y. App. Div. LEXIS 6319

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

DecidedJune 7, 1999

StatusPublished

This text of 262 A.D.2d 417 (Rockville Midway Corp. v. State of New York 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

Rockville Midway Corp. v. State of New York Liquor Authority, 262 A.D.2d 417, 689 N.Y.S.2d 666, 1999 N.Y. App. Div. LEXIS 6319 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent State of New York Liquor Authority, dated March 3, 1998, which, after a hearing, found that the petitioner violated certain provisions of the Alcoholic Beverage Control Law, revoked the petitioner’s license for a period of two years, and imposed a $1,000 bond claim.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Judicial review of a determination by the State of New York Liquor Authority is limited to whether the findings are supported by substantial evidence (see, Matter of 330 Rest. Corp. v State Liq. Auth., 26 NY2d 375). There was substantial evidence that the petitioner violated Alcoholic Beverage Control Law § 106 (5), (15), and § 65 (1). In addition, we reject the petitioner’s contention that the penalty imposed was “so grave in its impact * * * that it is disproportionate to the misconduct” and therefore shocking to one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222, 234; Matter of Miracle Pub v New York State Liq. Auth., 210 AD2d 229, 230). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent State of New York Liquor Authority, dated March 3, 1998, which, after a hearing, found that the petitioner violated certain provisions of the Alcoholic Beverage Control Law, revoked the petitioner’s license for a period of two years, and imposed a $1,000 bond claim.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Judicial review of a determination by the State of New York Liquor Authority is limited to whether the findings are supported by substantial evidence (see, Matter of 330 Rest. Corp. v State Liq. Auth., 26 NY2d 375). There was substantial evidence that the petitioner violated Alcoholic Beverage Control Law § 106 (5), (15), and § 65 (1). In addition, we reject the petitioner’s contention that the penalty imposed was “so grave in its impact * * * that it is disproportionate to the misconduct” and therefore shocking to one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222, 234; Matter of Miracle Pub v New York State Liq. Auth., 210 AD2d 229, 230). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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Bluebook (online)

262 A.D.2d 417, 689 N.Y.S.2d 666, 1999 N.Y. App. Div. LEXIS 6319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rockville-midway-corp-v-state-of-new-york-liquor-authority-nyappdiv-1999.

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