Captain's Inc. v. New York State Liquor Authority
Court: Appellate Division of the Supreme Court of the State of New York; October 23, 1995; New York; State Appellate Court
A proceeding under CPLR article 78 was initiated to contest a determination by the New York State Liquor Authority (Liquor Authority) from May 17, 1994, which upheld a Hearing Officer’s findings that the petitioner sold alcoholic beverages without a license. As a result, the Liquor Authority suspended the petitioner’s liquor license for 60 days (30 days immediate and 30 days deferred) and imposed a $1,000 bond claim. The Supreme Court, Kings County, ruled on September 14, 1994, to partially grant the petition, remitting the case to the Liquor Authority for a new penalty not exceeding a 10-day suspension and the $1,000 bond claim. The Liquor Authority appealed this order, which was ultimately dismissed without costs. The court vacated the previous order and confirmed the Liquor Authority’s determination, finding the proceeding should have been transferred to the appellate court without resolving other issues. The court conducted a de novo review and concluded that the Liquor Authority's determination was supported by substantial evidence, confirming that the petitioner repeatedly violated Alcoholic Beverage Control Law § 100(1). The petitioner's claims regarding violations of Alcoholic Beverage Control Law § 102(3-b) were not considered, as they were not raised during the hearing. The court determined that the imposed penalty was not disproportionate to the offense. Judges Bracken, Rosenblatt, Santucci, and Joy concurred with the decision.