Appellate Division of the Supreme Court of New York, 1967

Chaleco Restaurant Corp. v. New York State Liquor Authority

Chaleco Restaurant Corp. v. New York State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided March 21, 1967
27 A.D.2d 829; 281 N.Y.S.2d 968; 1967 N.Y. App. Div. LEXIS 4580
Chaleco Restaurant Corp. v. New York State Liquor Authority

Opinion of the Court

Determination of the State Liquor Authority revoking petitioner’s restaurant license, unanimously modified, on the law and the facts, to the extent of dismissing charges 2 and 4, and as so modified the determination is otherwise confirmed, without costs and without disbursements. Charges 2 and 4 are time-barred under section 118 of the Alcoholic Beverage Control Law. (Matter of Benjamin v. State Liq. Auth., 13 N Y 2d 227; Matter of Hacker v. State Liq. Auth., 21 A D 2d 755; Matter of Vilabar Cafe v. State Liq. Auth., 25 A D 2d 662; Matter of Ritor Rest. Corp. v. New York State Liq. Auth., 27 A D 2d 710.) The findings on charges 1, 3 and 5 are supported by substantial evidence. We find no reason for disturbing the penalty of revocation. Concur—Steuer, J. P., Tilzer, Rabin, McNally and Staley, Jr., JJ.

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