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Matter of Kleen Food Store, Inc v. D'Angelo

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1110 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Supreme Court, Onondaga County, Mordue, J.

Present — Green, J.P., Fallon, Callahan, Doerr and Davis, JJ.


Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in modifying the penalty of 15 days license suspension, to be served forthwith, imposed on petitioner for violating Alcoholic Beverage Control Law § 65 (1). That penalty is not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of 17 Cameron St. Rest. Corp. v New York State Liq. Auth., 48 N.Y.2d 509, 512; Matter of Players Five v New York State Liq. Auth., 197 A.D.2d 918). The fact that respondents proposed a less severe sanction in its compromise offer, which petitioner rejected, does not warrant modification of the penalty imposed (see, Matter of Ward v Ambach, 141 A.D.2d 932, 933; see also, Matter of Empire State Pharm. Socy. v New York State Dept. of Educ., 102 A.D.2d 964, 965, affd 64 N.Y.2d 942).


Summaries of

Matter of Kleen Food Store, Inc v. D'Angelo

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1110 (N.Y. App. Div. 1995)
Case details for

Matter of Kleen Food Store, Inc v. D'Angelo

Case Details

Full title:In the Matter of KLEEN FOOD STORE, INC., Respondent, v. MICHAEL D'ANGELO…

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

Date published: Dec 22, 1995

Citations

222 A.D.2d 1110 (N.Y. App. Div. 1995)
636 N.Y.S.2d 687