Opinion
February 17, 1994
Appeal from the Supreme Court, Nassau County (Hallstead Christ, J.).
Respondent, in its administrative capacity, may rescind the unauthorized "Letter of Warning" issued by its Deputy Commissioner, after petitioner had already been notified that a disciplinary proceeding against it had been commenced (cf., Matter of Tirdell v. State Liq. Auth., 15 A.D.2d 773, 774, affd 12 N.Y.2d 935). We further note that the penalty imposed was not unduly harsh and excessive.
Concur — Carro, J.P., Wallach, Ross, Rubin and Williams, JJ.