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Rab Rest. Corp. v. State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1972
38 A.D.2d 700 (N.Y. App. Div. 1972)

Opinion

January 25, 1972


Proceeding under article 78 of the CPLR to review a determination of the State Liquor Authority, dated November 16, 1970, which suspended petitioner's restaurant liquor license for a period of 5 days on one charge and 10 days on another charge, to run concurrently for a total of 10 days. Determination unanimously modified, on the law and in the exercise of discretion, to the extent of deferring the suspension therein ordered, and otherwise confirmed, without costs and without disbursements. In our opinion, upon the record before us, the imposition of an unconditional suspension was so disproportionate to the offenses committed as to constitute an abuse of discretion, and the penalty of suspension should have been deferred.

Concur — Nunez, J.P., Kupferman, Murphy, Steuer and Tilzer, JJ.


Summaries of

Rab Rest. Corp. v. State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1972
38 A.D.2d 700 (N.Y. App. Div. 1972)
Case details for

Rab Rest. Corp. v. State Liquor Authority

Case Details

Full title:In the Matter of RAB REST. CORP., Petitioner, v. STATE LIQUOR AUTHORITY…

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

Date published: Jan 25, 1972

Citations

38 A.D.2d 700 (N.Y. App. Div. 1972)