AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of 3275 BYRON AVENUE CORP., Doing Business as JONES BEACH HOTEL, Respondent, v. NEW YORK STATE LIQUOR AUTHORITY, Appellant.

Ordered that the judgment is affirmed, with costs.

The petitioner pleaded "no contest" to a violation of the Alcoholic Beverage Control Law § 106 (6) by maintaining a Joker Poker machine in operation on the licensed premises. The only issue involved is whether the penalty imposed by the New York State Liquor Authority — a 15-day suspension of the petitioner's liquor license and a $1,000 bond forfeiture — is a reasonable exercise of discretion. In view of all the circumstances, including the petitioner's virtually unblemished record of compliance with the law, we find that the Supreme Court properly vacated the penalty as excessive (see, e.g., Matter of PJP Tavern Corp. v. New York State Liq. Auth., 152 A.D.2d 578; Matter of La Cucina Mary Ann, Inc. v. State Liq. Auth., 150 A.D.2d 450; Matter of MNDN Rest. v. Gazzara, 128 A.D.2d 781, 782). Thompson, J.P., Bracken, Sullivan and Balletta, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF 3275 BYN. AVE. v. N.Y. ST. LIQ
(May 7, 1990)