Hyperlawhypertext legal databasebeta Harari Restaurant Corp. v. McLaughlin 55 N.Y.2d 730

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Harari Restaurant Corp. v. McLaughlin

55 N.Y.2d 730 Court N.Y. Decision date 1981-11-24 English

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p. 730
In the Matter of Harari Restaurant Corp., Respondent, v Edward J. McLaughlin et al., Constituting the State Liquor Authority, Appellants.
Decided November 24, 1981
p. 731
APPEARANCES OF COUNSEL
Robert Conciatori and Warren B. Pesetsky for appellant.
Jacob A. Salzman for respondent.

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the determination of the State Liquor Authority reinstated. It cannot be said that the penalty imposed was “‘so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222 , 233).

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

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