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MATTER OF WEEKES v. O'CONNELL

283 A.D. 1072 (1954)

In the Matter of Julius A. Weekes, Respondent, v. John F. O'Connell et al., Individually and as Members of The State Liquor Authority, Appellants

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

June 7, 1954.

Order unanimously affirmed, without costs.

In our opinion, the two-year penalty authorized by section 113 of the Alcoholic Beverage Control Law solely against the premises may not exceed two years, whether or not the present applicant is the former licensee, where the sole ground of objection to the premises is the prior revocation. It is not clear whether the Authority's disapproval on the ground of the history of the premises...

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