We find that there was not sufficient evidence in law to sustain the charge that the petitioner suffered or permitted the licensed premises to become disorderly. The Authority's determination was based upon a single act of a bartender. There was no proof of any prior misconduct, or indication to the licensee that such an act would be committed. The suspension of the license because of the one single act is improper (Matter of Migliaccio v. O'Connell,
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MATTER OF BRODY v. ROHAN
1 A.D.2d 661 (1955)
In the Matter of Henrietta Brody, Doing Business as Albert French Restaurant, Respondent, v. Thomas E. Rohan et al., Constituting The State Liquor Authority, Appellants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 13, 1955
December 13, 1955
Appellate Division of the Supreme Court of the State of New York, First Department.
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