Luciano v. Duffy

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated May 29, 1991, which, after a hearing, cancelled the petitioner’s liquor license and imposed a $1,000 bond claim.

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the charge is dismissed.

The petitioner is the owner and operator of a bar located in Peekskill, New York. In 1990, the petitioner was charged with violating the provisions of a rule of the State Liquor Authority (9 NYCRR 53.1 [q]), which provides, in pertinent part,…