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MATTER OF VICKY'S GROCERY INC. v. NEW YORK STATE LIQUOR AUTH.

213 A.D.2d 206 (1995)

623 N.Y.S.2d 582

In the Matter of Vicky's Grocery Inc., Respondent, v. New York State Liquor Authority, Appellant

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

March 9, 1995

At issue on this appeal is whether the penalty imposed by the respondent for selling alcohol to two underage persons, petitioner's third such offense, was so shockingly disproportionate to the offense as to amount to an abuse of discretion (Matter of Pell v Board of Educ., 34 N.Y.2d 222). Under the circumstances of this case, where the two charged incidents occurred fourteen months apart, the licensee, who invested his lifetime savings...

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