MATTER OF WESTWIND REST., INC. v. NEW YORK STATE LIQUOR AUTH.


89 A.D.2d 508 (1982)

In the Matter of Westwind Restaurant, Inc., Respondent, v. New York State Liquor Authority, Appellant

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

July 1, 1982


We agree with Special Term that the penalty of license cancellation and bond revocation ($1,000 fine) is unduly harsh in light of the "mitigation affidavit which sets forth explanations for the violations and perhaps places them in proper perspective and lack of magnitude". However, since the authority did not have this affidavit before it when the above sanction was imposed we find it appropriate to remand the matter to the agency for consideration of the mitigating evidence...

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