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Matter of Boston Post Rd. Liquor v. St. Liquor

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 569 (N.Y. App. Div. 1976)

Opinion

January 26, 1976


Proceeding pursuant to CPLR article 78 to review a determination of respondent, dated February 13, 1975 and made after a hearing, which found that petitioner had sold liquor to a minor and suspended its retail liquor store license for 20 days, 10 days forthwith and 10 days deferred, or in the alternative, imposed a $1,000 bond claim and a 10-day deferred suspension. Determination modified, on the law and in the exercise of discretion, by reducing the penalty to a 20-day deferred suspension. As so modified, determination confirmed, with costs to petitioner. The determination that petitioner sold liquor to a minor is supported by substantial evidence and must therefore be confirmed (see Matter of Avon Bar Grill v O'Connell, 301 N.Y. 150, 153; Matter of Stork Rest. v Boland, 282 N.Y. 256). However, in light of the fact that the youth to whom the liquor was sold was over six feet tall and presented what appeared to be proof that he had attained his majority, the penalty imposed herein was shockingly excessive, constituted an abuse of discretion, and should be reduced to the extent indicated herein. Hopkins, Acting P.J., Latham, Margett, Christ and Shapiro, JJ., concur.


Summaries of

Matter of Boston Post Rd. Liquor v. St. Liquor

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 569 (N.Y. App. Div. 1976)
Case details for

Matter of Boston Post Rd. Liquor v. St. Liquor

Case Details

Full title:In the Matter of BOSTON POST ROAD LIQUOR STORE, INC., Petitioner, v. STATE…

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

Date published: Jan 26, 1976

Citations

51 A.D.2d 569 (N.Y. App. Div. 1976)