Opinion
February 10, 2000
In this proceeding, brought pursuant to CPLR article 78 and transferred to this Court by order of the Supreme Court, New York County (Herman Cahn, J.), entered December 11, 1998, to review a determination of respondent State Liquor Authority, dated October 6, 1998, which canceled petitioner's liquor license, effective October 28, 1998, and imposed a $1,000 bond claim and a $2,000 civil penalty, the petition granted only to the extent of annulling and vacating the penalty of license revocation and remitting the matter to respondent for the prompt imposition of an appropriate lesser penalty. In all other respects, the petition is denied and the proceeding dismissed, without costs.
Charles J. Carreras for the Petitioner.
Scott A. Weiner for the Respondent.
SULLIVAN, J.P., NARDELLI, WALLACH, ANDRIAS, FRIEDMAN, JJ.
While there is substantial evidence in the record to support respondent's findings that petitioner attempted to impede a lawful investigation by respondent's representatives in violation of Alcoholic Beverage Control Law § 106 Alco. Bev. Cont.(15) and kept contaminated alcoholic beverages on its premises in violation ofAlcoholic Beverage Control Law § 106 Alco. Bev. Cont.(2), such violations do not justify the severity of the penalty imposed given petitioner's virtually unblemished record prior and subsequent to the isolated 1992 incident, (cf., Matter of M.P.N. Inc. v. New York State Liquor Authority, 206 A.D.2d 430).
The Decision and Order of this Court entered herein on September 28, 1999, is hereby recalled and vacated. See M- 6748 decided simultaneously herewith.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.