623 N.Y.S.2d 222 | N.Y. App. Div. | 1995
—Determination of the respondent New York State Liquor Authority, dated July 14, 1993, which suspended the petitioner’s liquor license for 10 days, is unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Edward Lehner, J.], entered October 6, 1993) is dismissed, without costs.
Further, the penalty imposed herein was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222; Matter of August Vazac Rest. v New York State Liq. Auth., 205 AD2d 391; Matter of Eclipse Disco v New York State Liq. Auth., 176 AD2d 649). Concur—Rosenberger, J. P., Kupferman, Asch, Rubin and Tom, JJ.