Appellate Division of the Supreme Court of New York, 1977

Floor v. State Liquor Authority

Floor v. State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided January 21, 1977
55 A.D.2d 1048
Floor v. State Liquor Authority

Opinion of the Court

Determination unanimously modified by eliminating the bond forfeiture in the amount of $500 and, as so modified, determination confirmed, without costs. Memorandum: The finding of permitting gambling on the premises is supported by substantial evidence. The penalty, however, is too severe in light of all the circumstances. We concur with the two dissenting members of the authority that the penalty of a 10-day suspension without any bond forfeiture is the appropriate punishment. (Article 78 proceeding transferred by order of Onondaga Supreme Court.) Present — Marsh, P. J., Simons, Dillon, Goldman and Witmer, JJ.

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