Opinion
April 1, 1971
Appeal from the Onondaga Special Term.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Cardamone, JJ.
Determination unanimously modified by eliminating the forfeiture of petitioner's bond in the sum of $1,000, and as so modified confirmed, without costs. Memorandum: Findings made by respondent that petitioner knowingly permitted lewd and indecent performances upon the licensed premises and also permitted the premises to become disorderly are supported by substantial evidence. ( Matter of Cambridge Pub v. State Liq. Auth., 27 N.Y.2d 625; Matter of Cota v. State Liq. Auth., 306 N.Y. 761; Matter of Lynch's Bldrs. Rest. v. O'Connell, 303 N.Y. 408; Matter of Mansfield v. State Liq. Auth., 35 A.D.2d 909.) In our opinion the revocation of the license was a sufficient and adequate penalty.