Opinion
September 21, 1992
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There was substantial evidence presented at the hearing to support the determination that the petitioner suffered or permitted gambling on its premises, in violation of Alcoholic Beverage Control Law § 106 (6), in that free play was awarded in a video poker game (see, Matter of Plato's Cave Corp. v State Liq. Auth., 68 N.Y.2d 791; Matter of 59 Corner Corp. v New York State Liq. Auth., 175 A.D.2d 282; Matter of CBH Pioneer Enter. v New York State Liq. Auth., 172 A.D.2d 520; Matter of Cos Dei San v State Liq. Auth., 147 A.D.2d 370). The penalty of a 10-day suspension of the petitioner's license to sell liquor was not excessive (see, Matter of PJP Tavern Corp. v New York State Liq. Auth., 152 A.D.2d 578; Matter of La Cucina Mary Ann v State Liq. Auth., 150 A.D.2d 450; Matter of MNDN Rest. v Gazzara, 128 A.D.2d 781). Bracken, J.P., Sullivan, Harwood and Lawrence, JJ., concur.