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Matter of X.S.P.O. v. N.Y. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 1997
240 A.D.2d 182 (N.Y. App. Div. 1997)

Opinion

June 5, 1997


Respondent's determination that petitioner suffered or permitted lewd and indecent conduct on the licensed premises is supported by substantial evidence, namely, the testimony of the two investigators from the Department of Health who visited the licensed premises on several occasions in December 1995 and January 1996, as supplemented by their two affidavits based on reports they prepared shortly after they left the premises and which detailed the incidents of unsafe sexual activity they observed there ( see, Matter of Aulcalf, Inc. v. New York State Liq. Auth., 193 A.D.2d 415; People v. Taylor, 80 N.Y.2d 1, 8). There is no merit to petitioner's claim that the denial of its request for an adjournment deprived it of a fair hearing. Nor is the penalty excessive ( cf., Matter of Aulcalf, Inc. v. New York State Liq. Auth., supra).

Concur — Milonas, J.P., Rosenberger, Wallach, Nardelli and Rubin, JJ.


Summaries of

Matter of X.S.P.O. v. N.Y. St. Liquor Auth

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 1997
240 A.D.2d 182 (N.Y. App. Div. 1997)
Case details for

Matter of X.S.P.O. v. N.Y. St. Liquor Auth

Case Details

Full title:In the Matter of X.S.P.O., INC., Petitioner, v. NEW YORK STATE LIQUOR…

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

Date published: Jun 5, 1997

Citations

240 A.D.2d 182 (N.Y. App. Div. 1997)
658 N.Y.S.2d 874