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Doherty's New Dorp Tavern v. New York State Liquor Authority

55 N.Y.2d 1007 Court N.Y. Decision date 1982-02-23 English

Contents

Majority

p. 1007
In the Matter of Doherty’s New Dorp Tavern, Respondent, v New York State Liquor Authority et al., Appellants.
Decided February 23, 1982
p. 1008
APPEARANCES OF COUNSEL
Robert Conciatori and Warren B. Pesetsky for appellants.
Paul A. Lemole and Peter J. Napolitano for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 82 AD2d 858 ). The finding of the State Liquor Authority that the bouncer overreacted in forcibly ejecting a patron from the licensed premises, without more, is insufficient to sustain the charge. (See Matter of L.B.R. Enterprises v New York State Liq. Auth., 53 NY2d 714 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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