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Kimker Rest. Co. v. Gazzara

Appellate Division of the Supreme Court of New York, Second Department
Aug 6, 1984
104 A.D.2d 360 (N.Y. App. Div. 1984)

Opinion

August 6, 1984


Determinations confirmed and proceeding dismissed on the merits, without costs or disbursements.

After reviewing the record in this matter we find that the respondent's determination to foreclose petitioner from maintaining and/or obtaining an on-premises liquor license is supported by substantial evidence. Petitioner's transgressions against its neighboring community and nuisance like activities are well documented and persisted without explanation after its proprietor acknowledged such occurrences and stated that he would ameliorate the situation. Clearly, the respondent was correct in determining that petitioner should not continue to operate as it had been and that withdrawal of its on-premises liquor license was the appropriate manner of preventing further abuses by petitioner. Thompson, J.P., Bracken, Boyers and Lawrence, JJ., concur.


Summaries of

Kimker Rest. Co. v. Gazzara

Appellate Division of the Supreme Court of New York, Second Department
Aug 6, 1984
104 A.D.2d 360 (N.Y. App. Div. 1984)
Case details for

Kimker Rest. Co. v. Gazzara

Case Details

Full title:KIMKER REST. CO., Doing Business as HANNIBALS BAR, Petitioner, v. ANTHONY…

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

Date published: Aug 6, 1984

Citations

104 A.D.2d 360 (N.Y. App. Div. 1984)

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