Matter of D B Rest. v. N.Y. State Liq. Auth

Full title: In the Matter of D B RESTAURANT, INC., Petitioner, v. NEW YORK STATE…

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

Date published: Mar 27, 1995

213 A.D.2d 636 (N.Y. App. Div. 1995)

624 N.Y.S.2d 948

Opinion

March 27, 1995

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

The respondent's finding that the petitioner's employee was vested with managerial authority over the premises is supported by substantial evidence in the record, and accordingly, the employee's misconduct was permissibly imputed to the petitioner (see, Awrich Rest. v. New York State Liq. Auth., 92 A.D.2d 925, affd 60 N.Y.2d 645; see also, Matter of Falso v. State Liq. Auth., 43 N.Y.2d 721, 722-723; Matter of Bars R Us v. New York State Liq. Auth., 192 A.D.2d 1050; Stonehenge Pub v. State Liq. Auth., 118 A.D.2d 559). Balletta, J.P., Thompson, Lawrence and Goldstein, JJ., concur.