Tracey Anne Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Tracey Anne Corp. v. New York State Liquor Authority

111 A.D.2d 860, 491 N.Y.S.2d 17, 1985 N.Y. App. Div. LEXIS 50114

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

DecidedJune 17, 1985

StatusPublished

This text of 111 A.D.2d 860 (Tracey Anne Corp. 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

Tracey Anne Corp. v. New York State Liquor Authority, 111 A.D.2d 860, 491 N.Y.S.2d 17, 1985 N.Y. App. Div. LEXIS 50114 (N.Y. Ct. App. 1985).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of respondent, dated January 6, 1984, which, after a hearing, found petitioner guilty of certain charges, revoked its liquor license and imposed a $1,000 bond claim.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

There was sufficient evidence to support the determination that (1) petitioner aided or abetted the sale of alcohol at an unlicensed premises, in violation of Alcoholic Beverage Control Law § 100 (1) and 9 NYCRR 53.1 (h), and (2) the conduct of petitioner leading to the issuance of a summons for operating an unlicensed bottle club was improper (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; 9 NYCRR 53.1 [n]).

Furthermore, we do not find the penalty shockingly disproportionate to the offense (Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Gibbons, O’Connor and Brown, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of respondent, dated January 6, 1984, which, after a hearing, found petitioner guilty of certain charges, revoked its liquor license and imposed a $1,000 bond claim.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

There was sufficient evidence to support the determination that (1) petitioner aided or abetted the sale of alcohol at an unlicensed premises, in violation of Alcoholic Beverage Control Law § 100 (1) and 9 NYCRR 53.1 (h), and (2) the conduct of petitioner leading to the issuance of a summons for operating an unlicensed bottle club was improper (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; 9 NYCRR 53.1 [n]).

Furthermore, we do not find the penalty shockingly disproportionate to the offense (Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Gibbons, O’Connor and Brown, JJ., concur.

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Bluebook (online)

111 A.D.2d 860, 491 N.Y.S.2d 17, 1985 N.Y. App. Div. LEXIS 50114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tracey-anne-corp-v-new-york-state-liquor-authority-nyappdiv-1985.

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