Matter of Beer Garden v. N.Y. St. Liq. Auth

Full title: In the Matter of BEER GARDEN, INC., Petitioner, v. NEW YORK STATE LIQUOR…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 19, 1991

176 A.D.2d 171 (N.Y. App. Div. 1991)

574 N.Y.S.2d 192

Opinion

September 19, 1991

Appeal from the Supreme Court, New York County [Peter Tom, J.].

The ALJ's finding, adopted by respondent, that petitioner allowed a minor to purchase an alcoholic beverage on August 21, 1987, is supported by substantial evidence, and this finding may not be disturbed by this Court. (M.D.M. Tavern Corp. v. New York State Liq. Auth., 157 A.D.2d 559.) Additionally, the penalty imposed was not so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness. (Supra.)

Concur — Murphy, P.J., Ross, Asch, Kassal and Smith, JJ.