Legal Opinion

Elmarth Bar & Grill, Inc. v. State Liquor Authority

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

Decided August 11, 1980Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Liquor Authority, dated July 10, 1979, which, after a hearing, adjudged petitioner to have violated *895subdivision 5 of section 106 of the Alcoholic Beverage Control Law and suspended petitioner’s liquor license for the period of 10 days. Petition granted and determination annulled, on the law, without costs or disbursements, and charges dismissed. The police officer whose testimony constituted respondent’s entire case at the hearing testified, inter alia, that on the morning in question he saw one…

2Cases cited7 opinions

  1. Migliaccio v. O'ConnellNew York Court of Appeals · 1954
  2. Playboy Club v. State Liquor AuthorityNew York Court of Appeals · 1969
  3. Rochdale Mall Wines & Liquors, Inc. v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1968
  4. Rochdale Mall Wines & Liquors, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1970
  5. Nero's Pad, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1976

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