La Trieste Restaurant & Cabaret, Inc. v. New York State Liquor Authority

Full title: In the Matter of LA TRIESTE RESTAURANT CABARET, INC., Petitioner, v. NEW…

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

Date published: Apr 23, 1998

249 A.D.2d 156 (N.Y. App. Div. 1998)

671 N.Y.S.2d 250

Opinion

April 23, 1998

Respondent's findings that the licensee knowingly encouraged or permitted improper conduct, including threats against and harassment of legal demonstrators, in violation of 9 NYCRR 53.1 (n), and noise, disturbance, misconduct and disorder on or adjacent to the licensed premises that adversely affected the health, welfare, safety of the inhabitants of the area and resulted in the premises becoming a focal point for police attention in violation of 9 NYCRR 53.1 (q) ( see, Matter of 7th Ave. Grove St. Corp. v. New York State Liq. Auth., 215 A.D.2d 107) were supported by substantial evidence ( see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 181-182). The penalties imposed do not shock our sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233).

Concur — Lerner, P.J., Nardelli, Wallach, Williams and Saxe, JJ.