Opinion
March 11, 1985
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
The State Liquor Authority's determination that petitioner violated Alcoholic Beverage Control Law § 65 (1), in that it had sold beer to a minor, was supported by substantial evidence on the record considered as a whole. The record reveals that petitioner was not deprived of his due process rights and the testimony was not incredible as a matter of law. Moreover, the penalty imposed was not so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness ( see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231; Matter of Stork Rest. v. Boland, 282 N.Y. 256; Matter of Nycrest Corp. v. New York State Liq. Auth., 96 A.D.2d 563). Mangano, J.P., Gibbons, Bracken and Niehoff, JJ., concur.