Appellate Division of the Supreme Court of New York, 1971

Bali Club, Inc. v. State Liquor Authority

Bali Club, Inc. v. State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided April 26, 1971
36 A.D.2d 817; 320 N.Y.S.2d 484; 1971 N.Y. App. Div. LEXIS 4201
Bali Club, Inc. v. State Liquor Authority

Opinion of the Court

Concur — McNally, Steuer and Tilzer, JJ. Markewich, J. P., and Nunez, J., dissent in the following memorandum by Nunez, J.: I *818would reduce the penalty to a suspension for a period of 40 days and a $1,000 bond claim. In my opinion, as in the opinion of one of the State Liquor Authority Commissioners, cancellation of petitioner’s restaurant liquor license for this first largely technical offense constitutes an excessive penalty and should be modified as indicated.

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