Sterling Hotel & Motor Lodge Inc. v. Hostetter

Appellate Division of the Supreme Court of New York

Sterling Hotel & Motor Lodge Inc. v. Hostetter

31 A.D.2d 631, 296 N.Y.S.2d 551, 1968 N.Y. App. Div. LEXIS 2796

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

DecidedDecember 2, 1968

StatusPublished

This text of 31 A.D.2d 631 (Sterling Hotel & Motor Lodge Inc. v. Hostetter) 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

Sterling Hotel & Motor Lodge Inc. v. Hostetter, 31 A.D.2d 631, 296 N.Y.S.2d 551, 1968 N.Y. App. Div. LEXIS 2796 (N.Y. Ct. App. 1968).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to annul a determination of respondent State Liquor Authority, dated April 16, 1968, which suspended petitioner’s hotel liquor license for 30 days, with deferment as to 15 of said days. Determination modified, on the law, by reducing the penalty to 10 days suspension, with the suspension deferred on condition that the Authority shall be satisfied that petitioner has properly conducted the licensed premises for a period of one year beginning on the date of the order to be entered hereon. As so modified, determination confirmed, without costs. No questions of fact have been considered. In our opinion, under all the circumstances the penalty imposed by the Authority was too severe. Brennan, Acting P. J., Benjamin and MartusceEo, JJ., concur; Rabin and Hopkins, JJ., dissent and vote to confirm the determination in all respects.

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Proceeding pursuant to CPLR article 78 to annul a determination of respondent State Liquor Authority, dated April 16, 1968, which suspended petitioner’s hotel liquor license for 30 days, with deferment as to 15 of said days. Determination modified, on the law, by reducing the penalty to 10 days suspension, with the suspension deferred on condition that the Authority shall be satisfied that petitioner has properly conducted the licensed premises for a period of one year beginning on the date of the order to be entered hereon. As so modified, determination confirmed, without costs. No questions of fact have been considered. In our opinion, under all the circumstances the penalty imposed by the Authority was too severe. Brennan, Acting P. J., Benjamin and MartusceEo, JJ., concur; Rabin and Hopkins, JJ., dissent and vote to confirm the determination in all respects.

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Bluebook (online)

31 A.D.2d 631, 296 N.Y.S.2d 551, 1968 N.Y. App. Div. LEXIS 2796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterling-hotel-motor-lodge-inc-v-hostetter-nyappdiv-1968.