Opinion
January 15, 1991
Appeal from the Supreme Court, New York County [Jacqueline Silbermann, J.].
Through the testimony of two New York State Troopers, respondent established that the petitioner's barmaid served alcoholic beverages to two under-aged women, each of whom furnished a false name to the Troopers. The officers located one of the females who had been served a drink in the bar, even though she denied, at the hearing, having been in the bar that night. Under the circumstances, the respondent's determination is supported by substantial evidence (Matter of Harry's Chenango Wine Liq. v State Liq. Auth., 158 A.D.2d 804, 805). Further, the penalty imposed was not excessive (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222).
Concur — Murphy, P.J., Milonas, Kupferman and Rubin, JJ.