Matter of Platinum Pleasures of NY, Inc. v. New York State Liq. Auth.

Sweeny, J.P., and DeGrasse, J.,

dissent in part in a memorandum by DeGrasse, J., as follows: The majority and I agree that substantial evidence supports respondent’s determination that petitioner violated Alcoholic Beverage Control Law §§ 99-d (1) and 110 (4), as well as Rules of the State Liquor Authority (9 NYCRR) § 53.1. I disagree, however, with the majority’s finding that the penalty of cancellation imposed by respondent is excessive. As noted by the Court of Appeals, “[T]he role of the courts in reviewing the penalty imposed by an administrative agency is extremely limited” (Matter of 17…