Widget, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Widget, Inc. v. State Liquor Authority

123 A.D.2d 705, 507 N.Y.S.2d 71, 1986 N.Y. App. Div. LEXIS 60846

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

DecidedOctober 14, 1986

StatusPublished

This text of 123 A.D.2d 705 (Widget, 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

Widget, Inc. v. State Liquor Authority, 123 A.D.2d 705, 507 N.Y.S.2d 71, 1986 N.Y. App. Div. LEXIS 60846 (N.Y. Ct. App. 1986).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent State Liquor Authority, dated June 7, 1985, suspending the petitioner’s on-premises liquor license for 25 days, 5 days remitted, 10 days forthwith and 10 days deferred, plus forfeiture of a $1,000 bond, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Christ, J.), entered October 24, 1985, which confirmed the determination and dismissed the proceeding on the merits.

Justice Bracken has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [c]).

Ordered that the judgment is affirmed, with costs.

[706]*706License revocation is a permissible sanction for violation of 9 NYCRR 53.1 (b), (g) and (n). The petitioner pleaded "no contest” to charges arising under each of these subdivisions. Under the circumstances, and in view of the range of permissible sanctions for these violations, the penalty of suspension and bond forfeiture imposed was a reasonable exercise of the respondent’s discretion (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; Matter of Pell v Board of Educ., 34 NY2d 222, 231). Thompson, J. P., Bracken, Eiber and Spatt, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent State Liquor Authority, dated June 7, 1985, suspending the petitioner’s on-premises liquor license for 25 days, 5 days remitted, 10 days forthwith and 10 days deferred, plus forfeiture of a $1,000 bond, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Christ, J.), entered October 24, 1985, which confirmed the determination and dismissed the proceeding on the merits.

Justice Bracken has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [c]).

Ordered that the judgment is affirmed, with costs.

[706]*706License revocation is a permissible sanction for violation of 9 NYCRR 53.1 (b), (g) and (n). The petitioner pleaded "no contest” to charges arising under each of these subdivisions. Under the circumstances, and in view of the range of permissible sanctions for these violations, the penalty of suspension and bond forfeiture imposed was a reasonable exercise of the respondent’s discretion (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; Matter of Pell v Board of Educ., 34 NY2d 222, 231). Thompson, J. P., Bracken, Eiber and Spatt, JJ., concur.

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Bluebook (online)

123 A.D.2d 705, 507 N.Y.S.2d 71, 1986 N.Y. App. Div. LEXIS 60846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/widget-inc-v-state-liquor-authority-nyappdiv-1986.

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