MATTER OF ROBKEL LIQUORS INC. v. STATE LIQUOR AUTH.


80 A.D.2d 857 (1981)

In the Matter of Robkel Liquors Inc., Respondent, v. State Liquor Authority, Appellant

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

March 9, 1981


Judgment reversed, on the law, without costs or disbursements, proceeding dismissed on the merits, and penalty imposed reinstated.

On the record before us, the penalty imposed by the authority was not shocking to one's sense of fairness and should not have been disturbed (see Matter of Pell v Board of Educ., 34 N.Y.2d 222). We note that in the absence of a cross appeal by petitioner, its claim that subdivision 2 of section...

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