MATTER OF LUCIANO v. DUFFY


202 A.D.2d 507 (1994)

609 N.Y.S.2d 21

In the Matter of Eduardo Luciano, Petitioner, v. Thomas A. Duffy, Jr., et al., Respondents

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

March 14, 1994


Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the charge is dismissed.

The petitioner is the owner and operator of a bar located in Peekskill, New York. In 1990, the petitioner was charged with violating the provisions of a rule of the State Liquor Authority (9 NYCRR 53.1 [q]), which provides, in pertinent part, that a license may be cancelled for cause when "any noise, disturbance, misconduct, disorder, act or activity...

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