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.