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Sue's Rendezvous of Westchester, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 7, 1991
177 A.D.2d 273 (N.Y. App. Div. 1991)

Opinion

November 7, 1991

Appeal from the Supreme Court, New York County [William Davis, J.].


There was substantial evidence adduced to support respondent's determination that petitioner sold alcoholic beverages to underaged persons, and permitted the premises to become disorderly. In particular, testimony of respondent's witnesses that they were under the age of 21, and that they were served alcoholic beverages by petitioner without displaying proof of age, was adequate to establish the violation of Alcoholic Beverage Control Law § 65 (1). Scientific evidence of the alcoholic content of the beverages sold to the witnesses was not required (see generally, People v. Leonard, 8 N.Y.2d 60), nor was it necessary that the witnesses present documentary proof of age at the hearing (Koester v. Rochester Candy Works, 194 N.Y. 92; cf., Matter of 36 W. Main v. New York State Liq. Auth., 285 App. Div. 756). In regard to the determination that petitioner permitted the premises to become disorderly, we discern no basis to interfere with the Hearing Officer's conclusion that respondent's witnesses were more credible than those of petitioner. (M.D.M. Tavern Corp. v. New York State Liq. Auth., 157 A.D.2d 559.) Nor, in the circumstances, was the penalty imposed unduly harsh. (Supra.)

Concur — Sullivan, J.P., Milonas, Asch, Kassal and Smith, JJ.


Summaries of

Sue's Rendezvous of Westchester, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 7, 1991
177 A.D.2d 273 (N.Y. App. Div. 1991)
Case details for

Sue's Rendezvous of Westchester, Inc. v. New York State Liquor Authority

Case Details

Full title:In the Matter of SUE's RENDEZVOUS OF WESTCHESTER, INC., Petitioner, v. NEW…

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

Date published: Nov 7, 1991

Citations

177 A.D.2d 273 (N.Y. App. Div. 1991)
576 N.Y.S.2d 14

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