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DeLion Grocery, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1996
224 A.D.2d 298 (N.Y. App. Div. 1996)

Opinion

February 15, 1996

Appeal from the Supreme Court, New York County [Carol Arber, J.].


Substantial evidence supports respondent's finding that petitioner sold beer to an underage police cadet without asking for identification in violation of Alcoholic Beverage Control Law § 65 (1). Conflicts in the record concerning the identity of the cashier who took the cadet's money, and the testimony of petitioner's witnesses that petitioner does not sell beer to younger-looking customers without checking proof of age, raised issues of credibility that are for respondent to resolve ( see, Matter of Stork Rest. v. Boland, 282 N.Y. 256, 267, 274). The penalty is not so disproportionate to the offense as to shock the conscience ( see, Matter of Humadi v. New York State Liq. Auth., 210 A.D.2d 109, 110, citing Matter of Barnett v. O'Connell, 279 App. Div. 449, 450).

Concur — Sullivan, J.P., Milonas, Ellerin, Rubin and Kupferman, JJ.


Summaries of

DeLion Grocery, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1996
224 A.D.2d 298 (N.Y. App. Div. 1996)
Case details for

DeLion Grocery, Inc. v. New York State Liquor Authority

Case Details

Full title:In the Matter of DeLION GROCERY, INC., Petitioner, v. NEW YORK STATE…

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

Date published: Feb 15, 1996

Citations

224 A.D.2d 298 (N.Y. App. Div. 1996)
638 N.Y.S.2d 32

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