Scotti v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Scotti v. State Liquor Authority

33 A.D.2d 671, 305 N.Y.S.2d 41, 1969 N.Y. App. Div. LEXIS 2836

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

DecidedNovember 18, 1969

StatusPublished

This text of 33 A.D.2d 671 (Scotti v. 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

Scotti v. State Liquor Authority, 33 A.D.2d 671, 305 N.Y.S.2d 41, 1969 N.Y. App. Div. LEXIS 2836 (N.Y. Ct. App. 1969).

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Opinion

Proceeding under article 78 of the CPLR to review a determination of the State Liquor Authority, dated' May 8, 1969, which canceled petitioner’s solicitor’s permit upon a finding that petitioner aided, abetted and/or participated in the sale of alcoholic beverages without an appropriate license. Determination unanimously modified, on the law, to the extent of annulling such cancellation and substituting therefor a provision that petitioner’s license he suspended for six months; and as so modified, determination confirmed without costs or disbursements. In our opinion, upon the records before us, cancellation of petitioner’s license was so disproportionate to the offense committed by petitioner as to constitute an abuse of discretion, and the penalty should have been limited to the suspension as indicated herein. Concur — Stevens, P. J., Eager, Tilzer, Nunez and Steuer, JJ.

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Proceeding under article 78 of the CPLR to review a determination of the State Liquor Authority, dated' May 8, 1969, which canceled petitioner’s solicitor’s permit upon a finding that petitioner aided, abetted and/or participated in the sale of alcoholic beverages without an appropriate license. Determination unanimously modified, on the law, to the extent of annulling such cancellation and substituting therefor a provision that petitioner’s license he suspended for six months; and as so modified, determination confirmed without costs or disbursements. In our opinion, upon the records before us, cancellation of petitioner’s license was so disproportionate to the offense committed by petitioner as to constitute an abuse of discretion, and the penalty should have been limited to the suspension as indicated herein. Concur — Stevens, P. J., Eager, Tilzer, Nunez and Steuer, JJ.

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Bluebook (online)

33 A.D.2d 671, 305 N.Y.S.2d 41, 1969 N.Y. App. Div. LEXIS 2836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scotti-v-state-liquor-authority-nyappdiv-1969.