Opinion
June 5, 1995
Adjudged that the petition is granted, the determination is annulled, on the law, with costs, and the charge is dismissed.
Contrary to the respondent's contention, Alcoholic Beverage Control Law § 102 (3-b) "pertains only to the sale of liquor and not to the simple delivery of alcoholic beverages" (Matter of CVS Discount Liq. v. New York State Liq. Auth., 207 A.D.2d 891, 893). In this case, the respondent has failed to establish that there was a sale of alcoholic beverages. Accordingly, the petition is granted and the charge against the petitioner is dismissed. Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.