3902 Long Beach Road, Inc. v. New York State Liquor Authority

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated March 30, 1988, which, after a hearing, suspended the petitioner’s liquor license for 40 days, 15 days forthwith and 25 days deferred.

Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent of vacating the penalty imposed; the determination is otherwise confirmed, the proceeding is otherwise dismissed on the merits, and the matter is remitted to the respondent for imposition of a new penalty in accordance herewith.

*464Following an…