Opinion
October 23, 1995
Appeal from the Supreme Court, Kings County (Vaccaro, J.).
Ordered that the appeal is dismissed, without costs or disbursements, and the order is vacated (see, Matter of Scorpio Car Serv. v. New York City Taxi Limousine Commn., 171 A.D.2d 872; see also, CPLR 7803; 7804 [g]); and it is further,
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Since the petition raises the issue of whether the determination of the New York State Liquor Authority (hereinafter the Liquor Authority) is supported by substantial evidence and does not raise "other objections as could terminate the proceeding" (CPLR 7804 [g]), the Supreme Court should have transferred the proceeding to this Court without disposing of any issues (see, Matter of High Steppers Corp. v. New York State Liq. Auth., 216 A.D.2d 566; Matter of Duso v. Kralik, 216 A.D.2d 297).
Upon our de novo review of the record, we find that the Liquor Authority's determination should not be disturbed. The conclusion that Alcoholic Beverage Control Law § 100 (1), as reasonably construed by the Liquor Authority (see generally, Matter of Howard v. Wyman, 28 N.Y.2d 434; Matter of Dubb Enters. v. New York State Liq. Auth., 187 A.D.2d 831), was repeatedly violated by the petitioner is supported by substantial evidence in the record (see generally, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Southside Pub v. New York State Liq. Auth., 143 A.D.2d 899). Moreover, the petitioner's substantial evidence argument with regard to its violation of Alcoholic Beverage Control Law § 102 (3-b) is not properly before this Court since it was not raised by the petitioner at the hearing (see, e.g., Matter of Neil Corp. v. State Liq. Auth., 112 A.D.2d 70). In any event, it is without merit.
Finally, in view of all of the circumstances, the penalty that was imposed is not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Bracken, J.P., Rosenblatt, Santucci and Joy, JJ., concur.