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Matter of Oneshot v. N.Y. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1995
214 A.D.2d 416 (N.Y. App. Div. 1995)

Opinion

April 18, 1995

Appeal from the Supreme Court, New York County [Elliott Wilk, J.].


Although testimony of one of the witnesses inadvertently was not tape recorded and thus, has not been transcribed, we find that other testimony in the record affords a complete review of the controversy (CPLR 2001). The structure built by petitioner to house a large block of ice so patrons could consume alcoholic beverages poured by the bartender down the block of ice constitutes substantial evidence that petitioner constructed a second bar, counter or similar contrivance in its premise without the requisite permission of respondent (Alcoholic Beverage Control Law § 100; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). We do not find the penalty imposed disproportionate to the offenses (Matter of Lerner Rest. v New York State Liq. Auth., 18 A.D.2d 911).

Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Williams, JJ.


Summaries of

Matter of Oneshot v. N.Y. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1995
214 A.D.2d 416 (N.Y. App. Div. 1995)
Case details for

Matter of Oneshot v. N.Y. St. Liquor Auth

Case Details

Full title:In the Matter of ONESHOT, INC., Petitioner, v. NEW YORK STATE LIQUOR…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 18, 1995

Citations

214 A.D.2d 416 (N.Y. App. Div. 1995)
625 N.Y.S.2d 185