Opinion
2016–11064 Index No. 33720/16
05-09-2018
In the Matter of LAST TRAIN STOP, INC., etc., petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, respondent.
Schloss & Schloss, PLLC, Airmont, N.Y. (Jonathan B. Schloss of counsel), for petitioner. Christopher R. Riano, Albany, N.Y. (Mark D. Frering of counsel), for respondent.
Schloss & Schloss, PLLC, Airmont, N.Y. (Jonathan B. Schloss of counsel), for petitioner.
Christopher R. Riano, Albany, N.Y. (Mark D. Frering of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & JUDGMENTProceeding pursuant to CPLR article 78 to review so much of a determination of the New York State Liquor Authority dated May 23, 2016, as adopted the recommendation of an administrative law judge dated March 17, 2016, made after a hearing, sustaining two charges that the petitioner had violated Alcoholic Beverage Control Law § 118(3) and rule 36.1(q) of the Rules of the State Liquor Authority (9 NYCRR) § 53.1(q), and imposing a civil penalty.
ADJUDGED that the determination is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
For the reasons stated in the companion appeal (see Matter of Last Train Stop, Inc. v. New York State Liquor Authority, 161 A.D.3d 867, 75 N.Y.S.3d 286, 2018 WL 2123881 [Appellate Division Docket No. 2016–07241 ; decided herewith] ), the petitioner's contentions in this proceeding are without merit. Accordingly, the New York State Liquor Authority properly adopted the recommendation of an administrative law judge dated March 17, 2016, made after a hearing, sustaining two charges that the petitioner violated Alcoholic Beverage Control Law § 118(3) and rule 36.1(q) of the Rules of the State Liquor Authority (9 NYCRR) § 53.1(q), and imposing a civil penalty.
CHAMBERS, J.P., HINDS–RADIX, MALTESE and IANNACCI, JJ., concur.