From Casetext: Smarter Legal Research

Matter of Rodriguez v. Rohan

Appellate Division of the Supreme Court of New York, First Department
Jan 2, 1957
3 A.D.2d 648 (N.Y. App. Div. 1957)

Opinion

January 2, 1957


The determination of the State Liquor Authority, insofar as it finds petitioner guilty of the violation charged, is confirmed. From the record, however, it would appear that the licensee, who has operated the premises since 1950, has never before been charged with any violation of the Alcoholic Beverage Control Law in connection therewith. If the record is correct, it may well be that the punishment imposed is excessive and an abuse of discretion (Civ. Prac. Act, § 1296, subd. 5-a). The proceeding is therefore remitted to the Authority for a reconsideration of the order directing a suspension of the license for 10 days and, as so modified, the determination is unanimously confirmed. Settle order on notice.

Concur — Botein, J.P., Rabin, Frank, Valente and Bergan, JJ.


Summaries of

Matter of Rodriguez v. Rohan

Appellate Division of the Supreme Court of New York, First Department
Jan 2, 1957
3 A.D.2d 648 (N.Y. App. Div. 1957)
Case details for

Matter of Rodriguez v. Rohan

Case Details

Full title:In the Matter of FRANCISCO RODRIGUEZ, Petitioner, against THOMAS E. ROHAN…

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

Date published: Jan 2, 1957

Citations

3 A.D.2d 648 (N.Y. App. Div. 1957)

Citing Cases

Matter of Zebley v. Lubin

The determination is therefore modified by annulling that part thereof which discharges the petitioner and…

Matter of Tripple Inn, Inc. v. Kennedy

We hold that the respondent has failed to adduce facts necessary to sustain the violations of specifications…