McGinnis' Broadway Rest., Inc. v. Rohan

The petitioner in this article 78 proceeding to review an order of the State Liquor Authority concedes that there is substantial evidence to sustain the finding that on June 24, 1956 petitioner sold an alcoholic beverage to a youth of the age of 15 years and 5 months. The sole question presented upon this appeal is whether the Authority abused its discretion in ordering that petitioner’s license be suspended for a period of 10 days. Special Term annulled the determination and remitted the proceeding to the Authority for reconsideration of the penalty imposed but limited the discretionary…