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Matter of Scotti v. State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 1969
33 A.D.2d 671 (N.Y. App. Div. 1969)

Opinion

November 18, 1969


Proceeding under article 78 of the CPLR to review a determination of the State Liquor Authority, dated May 8, 1969, which canceled petitioner's solicitor's permit upon a finding that petitioner aided, abetted and/or participated in the sale of alcoholic beverages without an appropriate 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 six months; and as so modified, determination confirmed without costs or disbursements. In our opinion, upon the records before us, 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 — Stevens, P.J., Eager, Tilzer, Nunez and Steuer, JJ.


Summaries of

Matter of Scotti v. State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 1969
33 A.D.2d 671 (N.Y. App. Div. 1969)
Case details for

Matter of Scotti v. State Liquor Authority

Case Details

Full title:In the Matter of DINO T. SCOTTI, Petitioner, v. STATE LIQUOR AUTHORITY…

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

Date published: Nov 18, 1969

Citations

33 A.D.2d 671 (N.Y. App. Div. 1969)