Vitale v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Vitale v. New York State Liquor Authority

41 A.D.2d 752, 341 N.Y.S.2d 883, 1973 N.Y. App. Div. LEXIS 4962

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

DecidedMarch 7, 1973

StatusPublished

This text of 41 A.D.2d 752 (Vitale 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

Vitale v. New York State Liquor Authority, 41 A.D.2d 752, 341 N.Y.S.2d 883, 1973 N.Y. App. Div. LEXIS 4962 (N.Y. Ct. App. 1973).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to review respondent’s determination dated January 29, 1973, which canceled petitioner’s liquor license, effective February 5, 1973. Enforcement of the determination was stayed until February 28, 1973 by the terms of the order to show cause, dated February 5, 1971, of the Special Term upon which this proceeding was instituted. Petition granted to the extent that the determination is modified, on the law, by reducing the penalty to a period of suspension terminating with the date of this decision. As so modified, determination confirmed, without costs. The penalty imposed was excessive to the extent indicated herein and to that extent its imposition was an abuse of discretion. Hopkins, Acting P. J., Munder, Martuseello, Latham and Shapiro, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to review respondent’s determination dated January 29, 1973, which canceled petitioner’s liquor license, effective February 5, 1973. Enforcement of the determination was stayed until February 28, 1973 by the terms of the order to show cause, dated February 5, 1971, of the Special Term upon which this proceeding was instituted. Petition granted to the extent that the determination is modified, on the law, by reducing the penalty to a period of suspension terminating with the date of this decision. As so modified, determination confirmed, without costs. The penalty imposed was excessive to the extent indicated herein and to that extent its imposition was an abuse of discretion. Hopkins, Acting P. J., Munder, Martuseello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

41 A.D.2d 752, 341 N.Y.S.2d 883, 1973 N.Y. App. Div. LEXIS 4962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitale-v-new-york-state-liquor-authority-nyappdiv-1973.