Opinion
December 24, 1986
Appeal from the Supreme Court, Ulster County.
A review of the record reveals that respondent's resolution of the credibility issue presented to it is supported by substantial evidence. In particular, the testimony of David Brocco and Tomi Tompkins provides sufficient evidence to support the conclusion that petitioner violated Alcoholic Beverage Control Law § 65 (1). Accordingly, we may not disturb respondent's determination (see, Matter of Di Maria v. Ross, 52 N.Y.2d 771; Matter of Cumberland Farms Food Stores v. State Liq. Auth., 86 A.D.2d 742, lv denied 56 N.Y.2d 504).
Finally, we find no merit in petitioner's contention that the penalty imposed by respondent is excessive and so disproportionate to the offense as to be shocking to one's sense of fairness. The determination should therefore be confirmed.
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Kane, Weiss, Mikoll and Harvey, JJ., concur.