Appellate Division of the Supreme Court of New York, 1970

Limongelli v. Hostetter

Limongelli v. Hostetter
Appellate Division of the Supreme Court of New York · Decided April 20, 1970
34 A.D.2d 675; 311 N.Y.S.2d 272; 1970 N.Y. App. Div. LEXIS 5067
Limongelli v. Hostetter

Opinion of the Court

Proceeding dismissed on the merits and respondents’ determination dated October 22, 1969, which revoked petitioner’s tavern liquor license, confirmed, with costs. In our opinion, the determination under review was supported by substantial evidence. Furthermore, petitioner’s default in appearance was deliberate and he has failed to show a meritorious defense to the charges against him. Finally, petitioner has failed to establish that an application to respondents for a new hearing at which he would appear would have been futile. Hopkins, Acting P. J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.

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