Ritter Wines & Liquors, Inc. v. State Liquor Authority

• Citation: 416 N.Y.S.2d 661,70 A.D.2d 643
• Parties: In the Matter of RITTER WINES & LIQUORS, INC., Petitioner, v. The STATE LIQUOR AUTHORITY of the State of New York, Respondent.
• Decision Date: 21 May 1979
• Court: New York Supreme Court Appellate Division

Page 661

416 N.Y.S.2d 661

70 A.D.2d 643

In the Matter of RITTER WINES & LIQUORS, INC., Petitioner, v. The STATE LIQUOR AUTHORITY of the State of New York, Respondent.

Supreme Court, Appellate Division, Second Department.

May 21, 1979.

Buchman & Buchman, New York City (Raymond Reisler, Abraham M. Buchman, Mark Koslowe, Joel Buchman and Abraham Walters, New York City, of counsel), for petitioner.

Robert Abrams, Atty. Gen., New York City (Phoebe W. Yen and John Desiderio, New York City, of counsel), for respondent on the constitutional issue.

Warren B. Pesetsky, New York City (Martin P. Mehler, New York City, of counsel), for respondent.

Before DAMIANI, J. P., and COHALAN, MARGETT and MARTUSCELLO, JJ.

MEMORANDUM BY THE COURT.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Liquor Authority, dated August 2, 1978, which, after a hearing, (1) found that petitioner had violated subdivision 2 of section 101-bb of the Alcoholic Beverage Control Law, (2) suspended its retail liquor store license for a certain period and (3) imposed a $1,000 bond claim.

Determination confirmed and proceeding dismissed on the merits, with costs.

There is substantial evidence to support the determination. We find also that article eight of the Alcoholic Beverage Control Law, including section 101-bb and regulations promulgated in enforcement thereof, is constitutional and not in violation of the antitrust laws (cf. Matter of Mezzetti Assoc. v. State Liq. Auth. of State of N.Y., 66 A.D.2d 800, 410 N.Y.S.2d 893; Matter of Polon, Inc. v. State Liq. Auth., 59 A.D.2d 946, 399 N.Y.S.2d 469).