William J. Mezzetti Associates, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

William J. Mezzetti Associates, Inc. v. State Liquor Authority

66 A.D.2d 800, 410 N.Y.S.2d 893, 1978 N.Y. App. Div. LEXIS 14103

Appellate Division of the Supreme Court of the State of New York·Decided December 11, 1978·Published·Cited by 2 cases

Opinions

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the State Liquor Authority which, after a hearing, found that petitioner had violated subdivision 5 of section 101-bbb of the Alcoholic Beverage Control Law, suspended its retail store license for a certain period and forfeited its bond in the sum of $1,000. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Section 101-bbb of the Alcoholic Beverage Control Law falls well within the intended scope of the Twenty-first Amendment to the United States Constitution and constitutes State action which does not conflict with the Sherman Antitrust Act (see Matter of Theodore Polon, Inc. v State Liq. Auth., 59 AD2d 946). We have considered petitioner’s other contentions and find them to be without merit. Gulotta, Shapiro and Margett, JJ., concur.

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Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the State Liquor Authority which, after a hearing, found that petitioner had violated subdivision 5 of section 101-bbb of the Alcoholic Beverage Control Law, suspended its retail store license for a certain period and forfeited its bond in the sum of $1,000. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Section 101-bbb of the Alcoholic Beverage Control Law falls well within the intended scope of the Twenty-first Amendment to the United States Constitution and constitutes State action which does not conflict with the Sherman Antitrust Act (see Matter of Theodore Polon, Inc. v State Liq. Auth., 59 AD2d 946). We have considered petitioner’s other contentions and find them to be without merit. Gulotta, Shapiro and Margett, JJ., concur.

William J. Mezzetti Associates, Inc. v. State Liquor Authority, 66 A.D.2d 800, 410 N.Y.S.2d 893, 1978 N.Y. App. Div. LEXIS 14103 (N.Y. Ct. App. 1978).

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66 A.D.2d 800 (William J. Mezzetti Associates, Inc. v. State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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