Opinion
September 25, 1990
Appeal from the Supreme Court, New York County [Leland De Grasse, J.].
It is for the administrative agency to determine the credibility of the witnesses, to weigh the evidence and to draw inferences therefrom. (Irvington Enters. v. Duffy, 155 A.D.2d 335, 336.) Here, the credible evidence consisted of testimony of a police officer, who in response to a radio call, observed the consumption of liquor on the licensed premises more than two hours after the start of prohibited hours of sale. (Alcoholic Beverage Control Law § 106.) The inference drawn therefrom has support in the record and thus this court should not disturb the agency's findings of fact. (Matter of Radigan v. O'Connell, 304 N.Y. 396.)
In view of the charge and petitioner's past record as a violator, the imposition of a monetary penalty and a limited suspension of the premises' liquor license is completely warranted.
Concur — Ross, J.P., Rosenberger, Asch, Kassal and Rubin, JJ.