Scranton Volunteer Fire Co, Inc. v. Ball
| Decision Date | 15 March 1972 |
| Citation | 30 N.Y.2d 589,330 N.Y.S.2d 802 |
| Parties | , 281 N.E.2d 848 Application of the SCRANTON VOLUNTEER FIRE CO., Inc., Appellant, For a Judgment, etc., v. Ira M. BALL et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Fourth Department, 37 A.D.2d 757, 323 N.Y.S.2d 463.
Louis J. Lefkowitz, Atty. Gen. , for respondents.
An Article 78 proceeding was brought to review punishment imposed by the State Bingo Control Commission for statutory violation. The Supreme Court, Special Term, Erie County, Charles J. Gaughan, J., entered a judgment annulling the determination suspending the license and the Commission appealed.
The Appellate Division reversed judgment on the law and facts and dismissed the petition. It held that where bingo licensee had exercised no real control over its treasurer and performed only perfunctory audit of treasurer's books at annual meeting, a six-month suspension imposed for falsification of bingo records and diversion of bingo proceeds by treasurer was not so disproportionate to the offense as to warrant judicial disturbance. The licensee appealed.
In the Court of Appeals the Commission argued that in view of licensee's plea of no contest the six-month suspension of license to conduct bingo games was not excessive and that the penalty was based on licensee's failure to exercise proper degree of care and preservation of funds entrusted to it.
Order affirmed, without costs.
All concur.
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