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Matter of Top Shelf Deli v. N.Y. St. Liquor

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1990
166 A.D.2d 449 (N.Y. App. Div. 1990)

Opinion

October 1, 1990


Adjudged that the determination is confirmed, with costs, and the petition is dismissed.

Contrary to the petitioner's contentions, the record contains substantial evidence that its president and sole principal sold a quantity of cocaine to an undercover police officer while inside the petitioner's premises. As a result thereof, he was convicted of the class C felony of attempted sale of a controlled substance in the third degree pursuant to his plea of guilty. This evidence justified the respondent's determination to revoke the petitioner's license as its principal was correctly determined to be a person forbidden to traffic in alcoholic beverages (see, Alcoholic Beverage Control Law § 126; 9 NYCRR 53.1 [n]).

We have reviewed the petitioner's remaining contentions and find them to be without merit. Mangano, P.J., Thompson, Miller and Ritter, JJ., concur.


Summaries of

Matter of Top Shelf Deli v. N.Y. St. Liquor

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1990
166 A.D.2d 449 (N.Y. App. Div. 1990)
Case details for

Matter of Top Shelf Deli v. N.Y. St. Liquor

Case Details

Full title:In the Matter of TOP SHELF DELI, INC., Petitioner, v. NEW YORK STATE…

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

Date published: Oct 1, 1990

Citations

166 A.D.2d 449 (N.Y. App. Div. 1990)