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JOE'S PIER 52 SEAFOOD CORP. v. DONALD S. HOSTETTER ET AL. (06/17/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


June 17, 1969

JOE'S PIER 52 SEAFOOD CORP., PETITIONER,
v.
DONALD S. HOSTETTER ET AL., CONSTITUTING THE NEW YORK STATE LIQUOR AUTHORITY, RESPONDENTS

Concur -- Stevens, P. J., Eager, McGivern, McNally and Steuer, JJ.

We find substantial evidence to uphold the determination of a technical violation. Inquiry on the argument revealed the fact the State Liquor Authority did not wish a remand for the purposes of ascertaining the source of the funds used for the alterations. In the circumstances, we find the penalty imposed excessive.

Disposition

Determination of the State Liquor Authority, dated March 12, 1969, directing the cancellation of petitioner's liquor license, modified in the exercise of discretion to the extent of reducing the penalty to the issuance of a letter of warning, and as so modified confirmed, without costs and without disbursements.

19690617

© 1998 VersusLaw Inc.



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