From Casetext: Smarter Legal Research

Matter of Delano v. Dept. of Consumer Affairs

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 1975
50 A.D.2d 541 (N.Y. App. Div. 1975)

Opinion

November 18, 1975


Determination of respondent Department of Consumer Affairs rendered October 29, 1974, suspending petitioner's cabaret licenses in all five public rooms in the hotel premises operated by petitioner for a period of three months, unanimously modified, on the facts and in the exercise of discretion, to confine such suspension to that room only in which the violation charged against petitioner by respondent took place, and otherwise confirmed, without costs and without disbursements. We find, in the circumstances disclosed in the record, the modified penalty to be appropriate to the violation, whereas that imposed by respondent is excessive and confiscatory.

Concur — Markewich, J.P., Kupferman, Tilzer, Lane and Yesawich, JJ.


Summaries of

Matter of Delano v. Dept. of Consumer Affairs

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 1975
50 A.D.2d 541 (N.Y. App. Div. 1975)
Case details for

Matter of Delano v. Dept. of Consumer Affairs

Case Details

Full title:In the Matter of DELANO CATERERS, INC., Petitioner, v. DEPARTMENT OF…

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

Date published: Nov 18, 1975

Citations

50 A.D.2d 541 (N.Y. App. Div. 1975)