Legal Opinion · Dissent

In re 47 Ave. B. East Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 2009Published

1Dissent

Tom, J.P. (dissenting).

Substantial evidence supports respondent’s determination that the licensed establishment was permitted to become overcrowded in violation of Rules of the State Liquor Authority rules 54.2 (9 NYCRR 48.2) (failure to exercise adequate supervision over the conduct of the licensed establishment) and 54.3 (9 NYCRR 48.3) (failure to comply with all applicable governmental regulations). The imposition of sanctions against petitioner for such violations is consistent with the precedent of this Department (Matter of Cris Place, Inc. v New York State Liq. Auth., 56 AD3d 339…

2Cases cited12 opinions

  1. Beer Garden, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1992
  2. Café La China Corp. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  3. Lansdown Entertainment Corp. v. New York City Department of Consumer AffairsNew York Court of Appeals · 1989
  4. Tze Chun Liao v. New York State Banking DepartmentNew York Court of Appeals · 1989
  5. Monessar v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1999

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