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Matter of Murlex Rest. v. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1971
36 A.D.2d 808 (N.Y. App. Div. 1971)

Opinion

April 13, 1971


Determination of the State Liquor Authority, dated November 4, 1970, which suspended petitioner's restaurant liquor license for a period of 30 days with a demand of $1,000 against the bond, unanimously modified, on the law and in the exercise of discretion, so as to suspend petitioner's license for 10 days and to eliminate the bond claim; and, as so modified, confirmed, without costs and without disbursements. While we find substantial evidence to uphold the determination sustaining the charges against petitioner, we find, under the circumstances, that the penalty was disproportionate to the offenses committed and so excessive as to constitute an abuse of discretion. The penalty should have been limited to a suspension of 10 days as indicated herein.

Concur — McGivern, J.P., Nunez, Kupferman, McNally and Tilzer, JJ.


Summaries of

Matter of Murlex Rest. v. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1971
36 A.D.2d 808 (N.Y. App. Div. 1971)
Case details for

Matter of Murlex Rest. v. St. Liquor Auth

Case Details

Full title:In the Matter of MURLEX RESTAURANT CORP., Petitioner, v. STATE LIQUOR…

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

Date published: Apr 13, 1971

Citations

36 A.D.2d 808 (N.Y. App. Div. 1971)