Opinion
Submitted April 21, 1999
June 7, 1999
Proceeding pursuant to CPLR article 78 to review a determination of the respondent State of New York Liquor Authority, dated March 3, 1998, which, after a hearing, found that the petitioner violated certain provisions of the Alcoholic Beverage Control Law, revoked the petitioner's license for a period of two years, and imposed a $1,000 bond claim.
Martin K. Lang, P.C., Garden City, N.Y., for appellant.
Thomas G. McKeon, New York, N.Y. (Scott A. Weiner of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Judicial review of a determination by the State of New York Liquor Authority is limited to whether the findings are supported by substantial evidence ( see, Matter of 330 Rest. Corp. v. State Liq. Auth., 26 N.Y.2d 375). There was substantial evidence that the petitioner violated Alcoholic Beverage Control Law §§ 106 Alco. Bev. Cont.(5), 106 Alco. Bev. Cont.(15), and 61(a). In addition, we reject the petitioner's contention that the penalty imposed was "so grave in its impact * * * that it is disproportionate to the misconduct" and therefore shocking to one's sense of fairness ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 234; Matter of Miracle Pub v. State Liq. Auth., 210 A.D.2d 229, 230).