SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
February 17, 1969
IN THE MATTER OF EDWARD L. MARTIN, DOING BUSINESS AS RAYMOND AVENUE WINE AND LIQUOR STORE, PETITIONER,
DONALD S. HOSTETTER, AS CHAIRMAN OF THE STATE LIQUOR AUTHORITY, RESPONDENT
Determination of respondent, dated September 12, 1967, modified, on the law and in the exercise of discretion, by (1) striking out the provision that seven days of the suspension "be served forthwith" and providing, in lieu thereof, that said portion of the suspension be deferred under the same terms as were attached to the deferment of the 10-day portion of the suspension and (2) by reducing the penal sum specified in the bond demand to $100.
Christ, Acting P. J., Brennan, Hopkins and Munder, JJ., concur; Rabin, J., dissents.
In our opinion the penalty imposed was excessive and constituted an abuse of discretion in the circumstances presented. Rabin, J., dissents and votes to dismiss the proceeding on the merits and to confirm the determination.
As so modified, determination confirmed, without costs.
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