Opinion
November 3, 1980
Proceeding pursuant to CPLR article 78 to review respondent's determination, dated February 6, 1980, which, after a hearing, sustained certain charges which had been preferred against the petitioner and directed that a "letter of warning" be issued. Petition granted, determination annulled, on the law, without costs or disbursements, and charges dismissed. The record, when viewed as a whole, fails to contain substantial evidence of the charges preferred against the petitioner, i.e., that it was either directly or indirectly interested in or had rendered services to a retail licensee of alcoholic beverages, or that it had engaged in, participated in, and/or abetted a violation of subdivision 2 of section 93 or subdivision 13 of section 106 Alco. Bev. Cont. of the Alcoholic Beverage Control Law or subdivision n of rule 36.1 of the rules of the respondent authority ( 9 NYCRR 53.1 [n]). In the absence of such evidence the charges should not have been sustained (cf. Matter of 4822 Bar Grill v. New York State Liq. Auth., 50 A.D.2d 889, affd 41 N.Y.2d 875). Gibbons, J.P., Gulotta, Margett and Martuscello, JJ., concur.