Merson v. New York State Liquor Authority

In this CPLR article 78 proceeding, transferred to this Court by order of the Supreme Court, New York County (Richard T. Andrias, J.), entered August 26, 1994, the petition is granted and respondent’s order, dated May 26,1994, suspending petitioner’s off-premises liquor license for 40 days (20 days forthwith, 20 days deferred) plus a $1,000 bond claim forfeiture, is annulled and vacated, without costs.

Unlike the situation in 2 W. 125th Liqs. v New York State Liq. Auth. (217 AD2d 518), where there was substantial evidence, including deliveries to other retailers and receipts, which we found…