Opinion
November 16, 1961
Present — Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ.
Proceeding under article 78 of the Civil Practice Act to review a determination of the State Liquor Authority which suspended petitioners' license for 20 days and a delayed suspension of 20 additional days. The only issue is whether someone sold beer in petitioners' establishment to minors. The minors testified that they bought beer there. The petitioners said they never saw the three boys. The boys agree that they never saw the petitioners, but insist that they made the purchase in petitioners' establishment, for which the petitioners are responsible. This presents only a question of credibility and fact finding by the Authority which is solely within the province of the administrative agency if supported by substantial evidence. Petitioners lay great stress on the fact that their payroll books do not indicate any paid employee, although they admit a relative helps out occasionally. The hearing officer expressly stated that he did not believe the petitioners and that he did believe the minors. Determination unanimously confirmed, with $50 costs.