Steuben Properties, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Steuben Properties, Inc. v. New York State Liquor Authority

151 A.D.2d 1032, 542 N.Y.S.2d 96, 1989 N.Y. App. Div. LEXIS 8385

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

DecidedJune 2, 1989

StatusPublished

This text of 151 A.D.2d 1032 (Steuben Properties, 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

Steuben Properties, Inc. v. New York State Liquor Authority, 151 A.D.2d 1032, 542 N.Y.S.2d 96, 1989 N.Y. App. Div. LEXIS 8385 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously reversed on the law without costs, determination confirmed, and petition dismissed. Memorandum: Petitioner entered a plea of "no contest” to a charge that it had violated section 106 (6) of the Alcoholic Beverage Control Law by suffering or permitting gambling on its premises. The State Liquor Authority found petitioner guilty of the charge and imposed a seven-day suspension of its liquor license and $1,000 bond forfeiture. Peti[1033]*1033tioner instituted this CPLR article 78 petition to annul the determination and the court granted the petition to the extent of eliminating the suspension. That was error. The seven-day suspension was not so shocking to one’s sense of fairness as to warrant setting it aside (Matter of Pell v Board of Educ., 34 NY2d 222, 232-234; see, Matter of Danzo Estate v New York State Liq. Auth., 27 NY2d 469; cf., Matter of Plato’s Cave Corp. v State Liq. Auth., 68 NY2d 791, 793; Matter of Katz’s Delicatessen v O’Connell, 302 NY 286). (Appeal from judgment of Supreme Court, Steuben County, Scudder, J. — art 78.) Present — Callahan, J. P., Denman, Green, Balio and Davis, JJ.

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Judgment unanimously reversed on the law without costs, determination confirmed, and petition dismissed. Memorandum: Petitioner entered a plea of "no contest” to a charge that it had violated section 106 (6) of the Alcoholic Beverage Control Law by suffering or permitting gambling on its premises. The State Liquor Authority found petitioner guilty of the charge and imposed a seven-day suspension of its liquor license and $1,000 bond forfeiture. Peti[1033]*1033tioner instituted this CPLR article 78 petition to annul the determination and the court granted the petition to the extent of eliminating the suspension. That was error. The seven-day suspension was not so shocking to one’s sense of fairness as to warrant setting it aside (Matter of Pell v Board of Educ., 34 NY2d 222, 232-234; see, Matter of Danzo Estate v New York State Liq. Auth., 27 NY2d 469; cf., Matter of Plato’s Cave Corp. v State Liq. Auth., 68 NY2d 791, 793; Matter of Katz’s Delicatessen v O’Connell, 302 NY 286). (Appeal from judgment of Supreme Court, Steuben County, Scudder, J. — art 78.) Present — Callahan, J. P., Denman, Green, Balio and Davis, JJ.

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Bluebook (online)

151 A.D.2d 1032, 542 N.Y.S.2d 96, 1989 N.Y. App. Div. LEXIS 8385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steuben-properties-inc-v-new-york-state-liquor-authority-nyappdiv-1989.

Opinion

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