Opinion
March 9, 1971
Judgment, Supreme Court, Bronx County, entered January 13, 1971, annulling determination of respondent-appellant State Liquor Authority canceling petitioner-respondent's restaurant liquor license, and substituting therefor a four-month suspension of that license, unanimously reversed, on the law, and the petition dismissed. Appellant shall recover of petitioner-respondent $50 costs and disbursements of this appeal. There was substantial evidence to indicate that the person left in charge of the premises during the licensee's absence suffered the premises to become disorderly in that there was a sale of narcotics by the barmaid and porter, the proceeds thereof being rung up on the cash register. Indeed, the operative facts were conceded on the argument. The sole question raised on appeal is the appropriateness of the penalty. There can be no worse violation of the duty imposed upon a licensee than that here disclosed, and the penalty of cancellation in these circumstances was not unduly harsh and did not constitute an abuse of discretion.
Concur — McGivern, J.P., Markewich, Nunez, Kupferman and Tilzer, JJ.