Doherty's New Dorp Tavern v. New York State Liquor Authority

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Liquor Authority, dated October 6, 1980, which, after a hearing, found petitioner guilty of violating subdivision 6 of section 106 of the Alcoholic Beverage Control Law and imposed a penalty of a 30-day suspension and a $1,000 bond claim. Petition granted, determination annulled, on the law, with costs, and charge dismissed. The liquor authority sustained the charge against petitioner based on its view that a “bouncer” had struck a patron. The petitioner adduced evidence to show that the patron had swung…