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Kearney-Gallagher Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1969
33 A.D.2d 683 (N.Y. App. Div. 1969)

Opinion

November 25, 1969


Proceeding under article 78 of the CPLR to review a determination of the State Liquor Authority which canceled petitioner's special on-premises liquor license. Determination unanimously modified, on the law, to the extent of annulling such cancellation and substituting therefor a provision that petitioner's license be suspended for 10 days; and as so modified determination confirmed, without costs or disbursements. In our opinion, upon the record before us, and in view of the nature of the violation and petitioner's unblemished record, cancellation of petitioner's license was so disproportionate to the offense committed by petitioner as to constitute an abuse of discretion, and the penalty should have been limited to the suspension as indicated herein.

Concur — Eager, J.P., Capozzoli, Tilzer, Nunez and Steuer, JJ.


Summaries of

Kearney-Gallagher Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1969
33 A.D.2d 683 (N.Y. App. Div. 1969)
Case details for

Kearney-Gallagher Corp. v. New York State Liquor Authority

Case Details

Full title:In the Matter of KEARNEY-GALLAGHER CORP., Petitioner, v. NEW YORK STATE…

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

Date published: Nov 25, 1969

Citations

33 A.D.2d 683 (N.Y. App. Div. 1969)