Tim Rob Bar, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Tim Rob Bar, Inc. v. New York State Liquor Authority

50 A.D.2d 802, 375 N.Y.S.2d 633, 1975 N.Y. App. Div. LEXIS 11614

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1975·Published·Cited by 1 cases

Opinion

— Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated July 7, 1975, and made after a hearing, which canceled petitioner’s special on-premises liquor license. Determination confirmed and proceeding dismissed, on the merits, without costs. There was substantial evidence to support respondent’s determination. That determination is not arbitrary or capricious. We find petitioner’s contention that the conduct complained of was constitutionally protected to be without merit. The case of Matter of Beal Props, v State Liq. Auth. (37 NY2d 861) is distinguishable. Here the hearing examiner specifically found a "lewd and indecent performance.” In Beal there was no such finding by the hearing examiner. Rabin, Acting P. J., Latham, Cohalan, Margett and Brennan, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated July 7, 1975, and made after a hearing, which canceled petitioner’s special on-premises liquor license. Determination confirmed and proceeding dismissed, on the merits, without costs. There was substantial evidence to support respondent’s determination. That determination is not arbitrary or capricious. We find petitioner’s contention that the conduct complained of was constitutionally protected to be without merit. The case of Matter of Beal Props, v State Liq. Auth. (37 NY2d 861) is distinguishable. Here the hearing examiner specifically found a "lewd and indecent performance.” In Beal there was no such finding by the hearing examiner. Rabin, Acting P. J., Latham, Cohalan, Margett and Brennan, JJ., concur.

Tim Rob Bar, Inc. v. New York State Liquor Authority, 50 A.D.2d 802, 375 N.Y.S.2d 633, 1975 N.Y. App. Div. LEXIS 11614 (N.Y. Ct. App. 1975).

Pincite

50 A.D.2d 802 (Tim Rob Bar, Inc. v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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