Appellate Division of the Supreme Court of New York, 1970

Steenken v. State Liquor Authority

Steenken v. State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided June 15, 1970
34 A.D.2d 985; 313 N.Y.S.2d 976; 1970 N.Y. App. Div. LEXIS 4483
Steenken v. State Liquor Authority

Opinion of the Court

Proceeding pursuant to article 78 of the CFLR to review a determination of respondent, dated December 29, 1969, which suspended petitioner’s liquor license for 30 days (minus eight days for “ No Contest” plea; and seven days deferred) and made claim upon petitioner’s $1,000 bond. Determination modified, on the law, by deleting the provision making claim on the bond. As so modified, determination confirmed, without costs. Under the facts and circumstances disclosed by this record, we find that the making of the claim on the bond, in addition to suspending petitioner’s license, constituted an abuse of discretion. Rabin, Acting P. J., Hopkins, Latham, Kleinfeld and Brennan, JJ., concur.

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