Opinion
March 11, 1985
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
The determination of the respondent State Liquor Authority, adopting the findings of the hearing officer crediting the testimony of witnesses to the effect that petitioner permitted two minors to enter its cocktail lounge and purchase alcoholic beverages, and sustaining the charge against petitioner, was supported by substantial evidence ( see, e.g., Matter of Goldpap Rest. v. New York State Liq. Auth., 19 N.Y.2d 968, revg 25 A.D.2d 642 on dissenting opn at App. Div.; Matter of Avon Bar Grill v O'Connell, 301 N.Y. 150). In addition, the penalty imposed, a suspension of petitioner's on-premises liquor license for a period of 30 days, 15 days to be served forthwith and 15 days deferred, was not disproportionate to the offense ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222), in view of the circumstances of the case, including the fact that this is the second occasion upon which a charge of selling alcoholic beverages to minors has been sustained against petitioner within a period of five years ( cf. Matter of Boston Post Rd. Liq. Store v. State Liq. Auth., 51 A.D.2d 569; Matter of Oudemool v. New York State Liq. Auth., 50 A.D.2d 1095; Matter of D.H.K. Rest. v. New York State Liq. Auth., 31 A.D.2d 525, affd 28 N.Y.2d 836). O'Connor, J.P., Rubin, Lawrence and Eiber, JJ., concur.