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MATTER FRANK GARCIA AND CO. v. STATE LIQUOR AUTHORITY (10/10/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 1968.NY.43040 <http://www.versuslaw.com>; 294 N.Y.S.2d 674; 30 A.D.2d 949 October 10, 1968 IN THE MATTER OF FRANK GARCIA AND CO., INC., PETITIONER,v.STATE LIQUOR AUTHORITY, RESPONDENT In this article 78 proceeding, transferred to this court, which was brought to review a determination of the State Liquor Authority suspending petitioner's license for 10 days and fining the petitioner $2,500, the suspension being temporarily deferred upon payment of said $2,500, unanimously modified on the facts and in the exercise of discretion, without costs or disbursements, so as to reduce the fine of $2,500 to $500. Concur -- Steuer, J. P., Tilzer, McGivern and McNally, JJ.


In this article 78 proceeding, transferred to this court, which was brought to review a determination of the State Liquor Authority suspending petitioner's license for 10 days and fining the petitioner $2,500, the suspension being temporarily deferred upon payment of said $2,500, unanimously modified on the facts and in the exercise of discretion, without costs or disbursements, so as to reduce the fine of $2,500 to $500.

Concur -- Steuer, J. P., Tilzer, McGivern and McNally, JJ.

In our opinion, the penalty imposed was excessive.

19681010

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