Appellate Division of the Supreme Court of New York, 1981

Nycrest Corp. v. New York State Liquor Authority

Nycrest Corp. v. New York State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided May 11, 1981
81 A.D.2d 866; 441 N.Y.S.2d 410; 1981 N.Y. App. Div. LEXIS 11555
Nycrest Corp. v. New York State Liquor Authority

Opinion of the Court

— *867Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated April 21, 1980 and made after a hearing, which found that the petitioner had violated section 65 of the Alcoholic Beverage Control Law and suspended its liquor license for 30 days, with a bond claim in the amount of $1,000. Determination confirmed and proceeding dismissed on the merits, with costs. Respondent’s determination that petitioner violated subdivision 1 of section 65 of the Alcoholic Beverage Control Law was supported by substantial evidence on the record considered as a whole (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; Matter of Stork Rest. v Boland, 282 NY 256). In addition, the penalty imposed was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Schaubman v Blum, 49 NY2d 375; Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.

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