Opinion
Decided November 24, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Robert Conciatori and Warren B. Pesetsky for appellant.
Jacob A. Salzman for respondent.
On summary consideration, order reversed, with costs, and the determination of the State Liquor Authority reinstated. It cannot be said that the penalty imposed was "'so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness'" (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.