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Matter of Alvaro v. State Liquor Authority

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 17, 1974
43 A.D.2d 903 (N.Y. App. Div. 1974)

Opinion

January 17, 1974

Appeal from the Ontario Special Term.

Present — Goldman, P.J., Marsh, Moule, Cardamone and Simons, JJ.


Determination unanimously modified to reduce the penalty to a letter of warning, and as so modified confirmed, without costs. Memorandum: The petitioner readily admitted the underlying facts of the charge of violating subdivision 3 of section 106 Alco. Bev. Cont. of the Alcoholic Beverage Control Law. At most there was a technical violation in that he failed to have reduced to writing the oral permission of the ABC Board ( 9 NYCRR 69.0 et seq.). No improper motive for the conduct is charged or appears in the record. Under the circumstances, a penalty of 10 days' suspension and $1,000 bond forfeiture is excessive and should be reduced to a letter of warning.


Summaries of

Matter of Alvaro v. State Liquor Authority

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 17, 1974
43 A.D.2d 903 (N.Y. App. Div. 1974)
Case details for

Matter of Alvaro v. State Liquor Authority

Case Details

Full title:In the Matter of JAMES J. ALVARO, Petitioner, v. STATE LIQUOR AUTHORITY…

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

Date published: Jan 17, 1974

Citations

43 A.D.2d 903 (N.Y. App. Div. 1974)