Opinion
April 14, 1989
Appeal from the Supreme Court, Erie County, McGowan, J.
Present — Dillon, P.J., Denman, Boomer, Green and Lawton, JJ.
Determination unanimously confirmed and petition dismissed without costs. Memorandum: On this record there is substantial evidence in support of the determination that petitioner's liquor license should be suspended for 30 days because noise, disturbance and disorder occurred on or adjacent to the licensed premises which adversely affected the health, welfare, safety or repose of the inhabitants of the area (see, 9 NYCRR 53.1 [q]; Kimker Rest. Co. v. Gazzara, 104 A.D.2d 360; Quintard Assocs. v New York State Liq. Auth., 57 A.D.2d 462, 463). Moreover, the penalty imposed was 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, 233; Stonehedge Pub v. State Liq. Auth., 118 A.D.2d 559; Quintard Assocs. v. New York State Liq. Auth., supra, at 466), particularly in view of the prior warnings petitioner received (see, Rumors Disco v. New York State Liq. Auth., 137 A.D.2d 514, lv denied 71 N.Y.2d 806).