South Broadway Associates, Ltd. v. State Liquor Authority

Judgment, Supreme Court, Nassau County (Hallstead Christ, J.), entered January 28, 1992, which denied the petition and dismissed the CPLR article 78 proceeding seeking to annul a determination suspending petitioner’s license for 15 days and imposing a $1,000.00 bond forfeiture, unanimously affirmed, without costs.

Respondent, in its administrative capacity, may rescind the unauthorized "Letter of Warning” issued by its Deputy Commissioner, after petitioner had already been notified that a disciplinary proceeding against it had been commenced (cf., Matter of Tirdell v State Liq. Auth., 15 AD2d 773 , 774, affd 12 NY2d 935 ). We further note that the penalty imposed was not unduly harsh and excessive. Concur — Carro, J. P., Wallach, Ross, Rubin and Williams, JJ.