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MATTER 103 REST. INC. v. NEW YORK STATE LIQUOR AUTHORITY (04/14/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


April 14, 1969

IN THE MATTER OF 103 REST. INC., PETITIONER,
v.
NEW YORK STATE LIQUOR AUTHORITY, RESPONDENT

Proceeding pursuant to CPLR article 78 to annul a determination of the State Liquor Authority, dated October 31, 1968, which revoked petitioner's restaurant liquor license and made demand upon petitioner's surety bond of $1,000, on the ground that petitioner had permitted trafficking in narcotics on the licensed premises.

Rabin, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

In our opinion, the punishment imposed was excessive and should be reduced to a suspension of 30 days.

Disposition

Determination modified, on the law, by annulling the revocation and the bond demand and substituting therefor a provision that the license be suspended for 30 days. As so modified, determination confirmed, without costs.

19690414

© 1998 VersusLaw Inc.



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