Zenith Wine & Liquor, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Zenith Wine & Liquor, Inc. v. State Liquor Authority

91 A.D.2d 666, 457 N.Y.S.2d 118, 1982 N.Y. App. Div. LEXIS 19536

Appellate Division of the Supreme Court of the State of New York·Decided December 20, 1982·Published·Cited by 2 cases

Opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of respondent to suspend petitioner’s package store retail liquor license for 10 days, the appeal is from a judgment of the Supreme Court, Kings County (Adler, J.), dated December 21, 1981, which granted the application to the extent of reducing the suspension to one day and directed that the order of suspension need not be posted or publicly displayed. Judgment affirmed, with costs. The one-day suspension shall become effective in accordance with the dictates of 9 NYCRR 54.7. The penalty imposed by the appellant for a technical violation was so disproportionate to the offense in light of all the circumstances to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222, 223). Titone, J. P., Gibbons, Thompson and Niehoff, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to review a determination of respondent to suspend petitioner’s package store retail liquor license for 10 days, the appeal is from a judgment of the Supreme Court, Kings County (Adler, J.), dated December 21, 1981, which granted the application to the extent of reducing the suspension to one day and directed that the order of suspension need not be posted or publicly displayed. Judgment affirmed, with costs. The one-day suspension shall become effective in accordance with the dictates of 9 NYCRR 54.7. The penalty imposed by the appellant for a technical violation was so disproportionate to the offense in light of all the circumstances to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222, 223). Titone, J. P., Gibbons, Thompson and Niehoff, JJ., concur.

Zenith Wine & Liquor, Inc. v. State Liquor Authority, 91 A.D.2d 666, 457 N.Y.S.2d 118, 1982 N.Y. App. Div. LEXIS 19536 (N.Y. Ct. App. 1982).

Pincite

91 A.D.2d 666 (Zenith Wine & Liquor, Inc. v. State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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