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MATTER OF MAST REST. CORP. v. NEW YORK STATE LIQUOR AUTH.

170 A.D.2d 682 (1991)

In the Matter of Mast Restaurant Corp., Doing Business as Hillside Restaurant, Respondent, v. New York State Liquor Authority, Appellant

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

February 25, 1991

Ordered that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Kunzeman, and leave to appeal is granted by Justice Kunzeman (see, CPLR 5701 [b] [1]); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

We agree with the conclusion of the Supreme Court that the penalty imposed by the respondent was excessive (see

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