Appellate Division of the Supreme Court of New York, 1969

103 Rest. Inc. v. New York State Liquor Authority

103 Rest. Inc. v. New York State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided April 14, 1969
32 A.D.2d 542; 299 N.Y.S.2d 659; 1969 N.Y. App. Div. LEXIS 4244
103 Rest. Inc. v. New York State Liquor Authority

Opinion of the Court

Proceeding pursuant to CPLR article 78 to annul a determination of the State Liquor Authority, dated October 31, 1968, which revoked petitioner’s restaurant liquor license and made demand upon petitioner’s surety bond of $1,000, on the ground that petitioner had permitted trafficking in narcotics on the licensed premises. Determination modified, on the law, by annulling the revocation and the bond demand and substituting therefor a provision that the license be suspended for 30 days. As so modified, determination confirmed, without costs. In our opinion, the punishment imposed was excessive and should be reduced to a suspension of 30 days. Rabin, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

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