Opinion
No. 209 SSM 33.
Decided October 22, 2009.
APPEAL from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department, entered May 21, 2009, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in New York County). The Appellate Division, with two Justices dissenting, (1) granted a petition challenging a determination of respondent State Liquor Authority which, upon a finding that petitioner violated rules of the State Liquor Authority, revoked petitioner's on-premises liquor license, and (2) annulled the determination.
Matter of 47 Ave. B. E. Inc. v New York State Liq. Auth., 65 AD3d 33, reversed.
Thomas J. Donohue, New York City, and Scott A. Weiner for appellant.
Mehler Buscemi, New York City ( Martin P. Mehler of counsel), for respondent.
Before: Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
The order of the Appellate Division should be reversed with costs, and the petition dismissed. The State Liquor Authority (SLA)'s finding that petitioner permitted overcrowding on the premises in violation of SLA rules was supported by substantial evidence ( 300 Gramatan Ave. Assoc., v State Div. of Human Rights, 45 NY2d 176, 180).
In memorandum; Chief Judge LIPPMAN taking no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order reversed, etc.