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Matter of Rockville Midway v. State, Liquor

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1999
262 A.D.2d 417 (N.Y. App. Div. 1999)

Opinion

Submitted April 21, 1999

June 7, 1999

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State of New York Liquor Authority, dated March 3, 1998, which, after a hearing, found that the petitioner violated certain provisions of the Alcoholic Beverage Control Law, revoked the petitioner's license for a period of two years, and imposed a $1,000 bond claim.

Martin K. Lang, P.C., Garden City, N.Y., for appellant.

Thomas G. McKeon, New York, N.Y. (Scott A. Weiner of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.


DECISION JUDGMENT

ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Judicial review of a determination by the State of New York Liquor Authority is limited to whether the findings are supported by substantial evidence ( see, Matter of 330 Rest. Corp. v. State Liq. Auth., 26 N.Y.2d 375). There was substantial evidence that the petitioner violated Alcoholic Beverage Control Law §§ 106 Alco. Bev. Cont.(5), 106 Alco. Bev. Cont.(15), and 61(a). In addition, we reject the petitioner's contention that the penalty imposed was "so grave in its impact * * * that it is disproportionate to the misconduct" and therefore shocking to one's sense of fairness ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 234; Matter of Miracle Pub v. State Liq. Auth., 210 A.D.2d 229, 230).


Summaries of

Matter of Rockville Midway v. State, Liquor

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1999
262 A.D.2d 417 (N.Y. App. Div. 1999)
Case details for

Matter of Rockville Midway v. State, Liquor

Case Details

Full title:In the Matter of ROCKVILLE MIDWAY CORP., appellant, v. STATE OF NEW YORK…

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

Date published: Jun 7, 1999

Citations

262 A.D.2d 417 (N.Y. App. Div. 1999)
689 N.Y.S.2d 666