Opinion
February 25, 1991
Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).
Ordered that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Kunzeman, and leave to appeal is granted by Justice Kunzeman (see, CPLR 5701 [b] [1]); and it is further,
Ordered that the order is affirmed, without costs or disbursements.
We agree with the conclusion of the Supreme Court that the penalty imposed by the respondent was excessive (see, Matter of PJP Tavern Corp. v New York State Liq. Auth., 152 A.D.2d 578, 578-579). Accordingly, remittitur for reconsideration of the penalty, in view of the holding in Matter of MNDN Rest. v Gazzara ( 128 A.D.2d 781, 782-783 [reversing the imposition of forfeiture of a $1,000 bond and limiting the penalty of suspension to a period not to exceed 10 days]) was appropriate (see, Rob Tess Rest. Corp. v New York State Liq. Auth., 49 N.Y.2d 874, 875-876). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.