MATTER OF SCRANTON VOLUNTEER FIRE CO., INC. v. BALL


37 A.D.2d 757 (1971)

In the Matter of Scranton Volunteer Fire Co., Inc., Respondent, v. Ira M. Ball et al., Constituting The State Bingo Control Commission, et al., Appellants

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

July 1, 1971


Judgment unanimously reversed on the law and facts and petition dismissed, without costs.

Memorandum:

In this article 78 proceeding Special Term has annulled the punishment imposed by the New York State Bingo Commission for petitioner's violations of section 495 of the General Municipal Law. Such judicial disturbance of a penalty meted out by an administrative agency is warranted only when the punishment "is so disproportionate to the offense, in the light...

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