Opinion
July 6, 1970
In a proceeding pursuant to article 78 of the CPLR to review two determinations of the New York State Liquor Authority, both dated April 3, 1970, which respectively (1) canceled petitioner's restaurant liquor license, effective as of October 29, 1969, with claim upon petitioner's $1,000 bond, and (2) recalled petitioner's renewed license and disapproved petitioner's application for the renewed license, petitioner appeals from a judgment of the Supreme Court, Kings County, entered May 7, 1970, which dismissed the proceeding. In a prior proceeding this court annulled two previous determinations by the Authority to the same effect, except that the court confirmed certain of the findings of the Authority, and remitted the matter to the Authority for new determinations ( Matter of Domilpat Rest. v. New York State Liq. Auth., 34 A.D.2d 544), which have since been made and are the ones now before the court. Judgment reversed, on the law, without costs, and petition granted as follows: (1) all the provisions of the two orders of the Authority which canceled and directed surrender of petitioner's liquor license, authorized issuance of a liquidator's permit, directed recall of petitioner's renewed license, and disapproved petitioner's application for the renewed license are annulled; (2) the penalty to be imposed, in lieu of cancellation of license, shall be a suspension of license for 30 days; and (3) the Authority is directed to grant petitioner's application for renewal of license. Upon the facts in the record, we think the penalty imposed was an abuse of discretion, that it was excessive to the extent indicated herein, and that respondent's refusal to renew the license was arbitrary (cf. Matter of 125 Bar Corp. v. State Liq. Auth., 24 N.Y.2d 174, 177; Matter of Roosevelt Taxi v. Commissioner of Public Safety of City of Yonkers, 27 A.D.2d 753, affd. 22 N.Y.2d 692). Christ, P.J., Rabin, Hopkins, Munder and Benjamin, JJ., concur.