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Matter of Diegelman v. St. of N.Y. Liq. Auth

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 720 (N.Y. App. Div. 1975)

Opinion

November 6, 1975

Appeal from the Erie Supreme Court.

Present — Moule, J.P., Cardamone, Simons, Mahoney and Witmer, JJ.


Judgment unanimously affirmed, without costs. Memorandum: Petitioners seek in an article 78 proceeding to annul the respondent's, New York State Liquor Authority, determination to cancel their special on-premises liquor license. There is substantial evidence, considering the record as a whole, to support a determination that petitioner Diegelman, who had an adverse license history, was in unlawful criminal possession of an unloaded weapon. We do not find that the penalty of cancellation for such "improper conduct" ( 9 NYCRR 53.1[n]) to be arbitrary, capricious or an abuse of discretion "so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness" (see Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale Mamaroneck, 34 N.Y.2d 222, 233).


Summaries of

Matter of Diegelman v. St. of N.Y. Liq. Auth

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 720 (N.Y. App. Div. 1975)
Case details for

Matter of Diegelman v. St. of N.Y. Liq. Auth

Case Details

Full title:In the Matter of ALEXANDER DIEGELMAN et al., Doing Business as AL MYRT'S…

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

Date published: Nov 6, 1975

Citations

50 A.D.2d 720 (N.Y. App. Div. 1975)