Opinion
June 29, 1992
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There is substantial evidence to support the respondent's determination that the petitioner "suffered or permitted" gambling on the premises in violation of Alcoholic Beverage Control Law § 106 (6) and that it maintained a video display game on the premises in violation of 9 NYCRR 53.1 (t) (see, Matter of Plato's Cave Corp. v. New York State Liq. Auth., 68 N.Y.2d 791; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Cos Dei San v. New York State Liq. Auth., 147 A.D.2d 370; cf., Matter of 162 Gardiners Ave. Lounge v. New York State Liq. Auth., 171 A.D.2d 662). In addition, the penalty imposed, a 10-day suspension of the petitioner's liquor license, was not so severe as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Pyramid Lounge v. New York State Liq. Auth., 175 A.D.2d 131; Matter of PJP Tavern Corp. v. New York State Liq. Auth., 152 A.D.2d 578; Matter of MNDN Rest. v Gazzara, 128 A.D.2d 781). Harwood, J.P., Balletta, Rosenblatt and Santucci, JJ., concur.