Opinion
Decided February 23, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Robert Conciatori and Warren B. Pesetsky for appellants.
Paul A. Lemole and Peter J. Napolitano for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 82 A.D.2d 858). The finding of the State Liquor Authority that the bouncer overreacted in forcibly ejecting a patron from the licensed premises, without more, is insufficient to sustain the charge. (See Matter of L.B.R. Enterprises v New York State Liq. Auth., 53 N.Y.2d 714).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.