Sal De Enterprises, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Sal De Enterprises, Inc. v. New York State Liquor Authority

181 A.D.2d 683, 581 N.Y.S.2d 608, 1992 N.Y. App. Div. LEXIS 3008

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

DecidedMarch 2, 1992

StatusPublished

This text of 181 A.D.2d 683 (Sal De Enterprises, Inc. 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

Sal De Enterprises, Inc. v. New York State Liquor Authority, 181 A.D.2d 683, 581 N.Y.S.2d 608, 1992 N.Y. App. Div. LEXIS 3008 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated December 7, 1989, which, after a hearing, suspended the petitioner’s on-premises liquor license for period of 15 days and imposed a $1,000 bond forfeiture.

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

There is substantial evidence in the record to support the finding of the Administrative Law Judge that, inter alia, the petitioner had violated Alcoholic Beverage Control Law § 100 (4) by operating more than the permissible number of licensed bars on its premises (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180; Matter of Pell v Board of Educ., 34 NY2d 222, 230).

We also find that the penalty imposed was not excessive or shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., supra, at 233). Rosenblatt, J. P., O’Brien, Ritter and Copertino, 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 December 7, 1989, which, after a hearing, suspended the petitioner’s on-premises liquor license for period of 15 days and imposed a $1,000 bond forfeiture.

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

There is substantial evidence in the record to support the finding of the Administrative Law Judge that, inter alia, the petitioner had violated Alcoholic Beverage Control Law § 100 (4) by operating more than the permissible number of licensed bars on its premises (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180; Matter of Pell v Board of Educ., 34 NY2d 222, 230).

We also find that the penalty imposed was not excessive or shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., supra, at 233). Rosenblatt, J. P., O’Brien, Ritter and Copertino, JJ., concur.

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Bluebook (online)

181 A.D.2d 683, 581 N.Y.S.2d 608, 1992 N.Y. App. Div. LEXIS 3008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sal-de-enterprises-inc-v-new-york-state-liquor-authority-nyappdiv-1992.

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