Opinion
March 3, 1986
Determination confirmed and proceeding dismissed on the merits, with costs to the respondent New York State Liquor Authority.
The New York State Liquor Authority's determination is supported by substantial evidence. It was clearly established that Robert Romer was an employee and was vested with managerial authority over the premises. Therefore his conduct is imputed to the licensee in establishing a violation of Alcoholic Beverage Control Law § 106 (6) (see, Awrich Rest. v. New York State Liq. Auth., 60 N.Y.2d 645).
Further, the penalty imposed was not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Mangano, J.P., Thompson, Brown and Weinstein, JJ., concur.