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Neri's Continental, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 1967
27 A.D.2d 921 (N.Y. App. Div. 1967)

Opinion

April 20, 1967


Determination of State Liquor Authority suspending petitioner's license for 10 days, imposing payment of the penal sum of the bond filed and deferring the suspension for 12 months upon the payment of said sum, unanimously annulled, on the law, with $50 costs and disbursements to petitioner. The improper conduct relied on to bring petitioner within subdivision 14 of rule 36 ( 9 NYCRR 53.1 [n]) consisted of alleged violations of sections 100 Alco. Bev. Cont. and 102 Alco. Bev. Cont. of the Alcoholic Beverage Control Law. Since the charges that such violations occurred were not sustained, the finding of improper conduct is without basis. (See, also, Matter of Winfield Flynn, Ltd. v. New York State Liq. Auth., 23 A.D.2d 745.)

Concur — Botein, P.J., Stevens, Eager, Tilzer and Rabin, JJ.


Summaries of

Neri's Continental, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 1967
27 A.D.2d 921 (N.Y. App. Div. 1967)
Case details for

Neri's Continental, Inc. v. New York State Liquor Authority

Case Details

Full title:In the Matter of NERI'S CONTINENTAL, INC., Petitioner, v. NEW YORK STATE…

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

Date published: Apr 20, 1967

Citations

27 A.D.2d 921 (N.Y. App. Div. 1967)