Van Deusen Wines & Liquors, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Van Deusen Wines & Liquors, Inc. v. State Liquor Authority

42 A.D.2d 743, 346 N.Y.S.2d 753, 1973 N.Y. App. Div. LEXIS 3740

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

DecidedJuly 16, 1973

StatusPublished

This text of 42 A.D.2d 743 (Van Deusen Wines & Liquors, Inc. 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

Van Deusen Wines & Liquors, Inc. v. State Liquor Authority, 42 A.D.2d 743, 346 N.Y.S.2d 753, 1973 N.Y. App. Div. LEXIS 3740 (N.Y. Ct. App. 1973).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated December 27, 1972, which (1) suspended petitioner’s off-premises liquor license for 30 days, 20 days of which were deferred, and (2) made demand for payment on petitioner’s surety bond of $1,000, on the ground that petitioner had advertised and sold liquor at a price less than cost in violation of subdivision 2 of section 101-bb of the Alcoholic Beverage Control Law. Determination modified, on the law, by annulling the suspension and reducing the bond demand to $500. As so modified, determination confirmed, with costs to petitioner. In our opinion, the punishment imposed was excessive to the extent indicated herein. Martuscello, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated December 27, 1972, which (1) suspended petitioner’s off-premises liquor license for 30 days, 20 days of which were deferred, and (2) made demand for payment on petitioner’s surety bond of $1,000, on the ground that petitioner had advertised and sold liquor at a price less than cost in violation of subdivision 2 of section 101-bb of the Alcoholic Beverage Control Law. Determination modified, on the law, by annulling the suspension and reducing the bond demand to $500. As so modified, determination confirmed, with costs to petitioner. In our opinion, the punishment imposed was excessive to the extent indicated herein. Martuscello, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 743, 346 N.Y.S.2d 753, 1973 N.Y. App. Div. LEXIS 3740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-deusen-wines-liquors-inc-v-state-liquor-authority-nyappdiv-1973.