Matter of in Good Spirits v. N.Y. St. Liquor

Full title: In the Matter of IN GOOD SPIRITS, INC., Petitioner, v. NEW YORK STATE…

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

Date published: Dec 14, 1995

222 A.D.2d 285 (N.Y. App. Div. 1995)

636 N.Y.S.2d 614

Opinion

December 14, 1995

Appeal from the Supreme Court, New York County [Emily Jane Goodman, J.].

Substantial evidence supports respondent's findings that petitioner violated Alcoholic Beverage Control Law § 100 (1) and abetted violation of section 102 (3-b) (see, Matter of 2 W. 125th Liqs. v New York State Liq. Auth., 217 A.D.2d 516; Matter of Avon Bar Grill v O'Connell, 301 N.Y. 150, 153). We have considered petitioner's other arguments, including that the penalty is excessive, and find them to be without merit.

Concur — Ellerin, J.P., Ross, Nardelli, Williams and Mazzarelli, JJ. [As amended by unpublished order entered Feb. 6, 1996.]