Sal De Enterprises, Inc. v. New York State Liquor Authority

Full title: In the Matter of SAL DE ENTERPRISES, INC., Petitioner, v. NEW YORK STATE…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 2, 1992

181 A.D.2d 683 (N.Y. App. Div. 1992)

Opinion

March 2, 1992

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

There is substantial evidence in the record to support the finding of the Administrative Law Judge that, inter alia, the petitioner had violated Alcoholic Beverage Control Law § 100 (4) by operating more than the permissible number of licensed bars on its premises (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230).

We also find that the penalty imposed was not excessive or shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., supra, at 233). Rosenblatt, J.P., O'Brien, Ritter and Copertino, JJ., concur.