Gilmer v. Hostetter

Proceeding pursuant, to article 78 of the Civil Practice Act to review a determination of the Commissioners of the New York State Liquor Authority. Petitioner’s restaurant liquor license has been revoked by the respondents constituting the State Liquor *587Authority on a finding made after a hearing that he had allowed the licensed premises to become disorderly by permitting homosexuals to congregate therein. Two questions are presented: (a) whether there is substantial evidence to sustain the finding; (b) whether, if the finding be sustained, the penalty of revocation is too severe upon this…