Opinion
February 2, 1967
Determination of the State Liquor Authority revoking petitioner's restaurant liquor license, unanimously modified, on the law and the facts, and charges 2, 3 and 4 are dismissed, and the determination otherwise confirmed, with $50 costs and disbursements to respondent. Petitioner's motion to dismiss charges 2, 3 and 4 under section 118 Alco. Bev. Cont. of the Alcoholic Beverage Control Law should have been granted. ( Matter of Benjamin v. State Liq. Auth., 13 N.Y.2d 227; Matter of Hacker v. State Liq. Auth., 21 A.D.2d 755; Matter of Vilabar Cafe v. State Liq. Auth., 25 A.D.2d 662.) The findings on charges 1, 6 and 7 are supported by substantial evidence and are confirmed. We find no reason for disturbing the penalty of revocation.
Concur — Stevens, J.P., Steuer, Capozzoli, McNally and Witmer, JJ.