Hyperlawhypertext legal database Dodd's Liquor City Corp. v. New York State Liquor Authority 41 N.Y. 1073

← Cases

Dodd's Liquor City Corp. v. New York State Liquor Authority

41 N.Y. 1073 Court N.Y. Decision date 1977-05-05 English

Contents

Majority

p. 1073
In the Matter of Dodd’s Liquor City Corp., Respondent, v New York State Liquor Authority, Appellant.
Submitted March 25, 1977;
decided May 5, 1977
p. 1074
Joseph S. Ryan and Warren B. Pesetsky for appellant.
Abraham Schatzman for respondent.

Memorandum. We would reverse the judgment of the Appellate Division and reinstate the penalty imposed by the State Liquor Authority. Unlike Matter of Shore Haven Lounge v New York State Liq. Auth. ( 37 NY2d 187 ), where nonintentional conduct was involved, the present case concerns a conscious violation of the law. Under these circumstances, the measure of the penalty imposed by the authority was a reasonable exercise of the discretion vested in it by law and, therefore, should not have been disturbed. (Matter of Pell v Board of Educ., 34 NY2d 222 .)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Judgment reversed, with costs, and the penalty imposed by the State Liquor Authority reinstated in a memorandum.

Cases cited