MATTER OF BENKE v. STATE LIQUOR AUTH.


34 A.D.2d 645 (1970)

In the Matter of Julius Benke, Doing Business as Paddock Tavern, Petitioner, v. State Liquor Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 6, 1970


Determination modified, on the law, by reducing the penalty of cancellation to a suspension for 60 days. As so modified, determination confirmed, without costs.

We find substantial evidence that petitioner committed no prior improprieties and that the managerial agreement was revealed to respondent, so that nothing was done clandestinely. In these circumstances we find that cancellation of petitioner's license constituted...

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