Matter of G M M Retail v. St. Liq. Auth

Full title: In the Matter of G M M RETAIL LIQUOR, INC., Petitioner, v. NEW YORK STATE…

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

Date published: Jan 16, 1996

223 A.D.2d 401 (N.Y. App. Div. 1996)

636 N.Y.S.2d 330

Opinion

January 16, 1996

Appeal from the Supreme Court, New York County [Walter Tolub, J.].

Substantial evidence, including the testimony of the two then underage police officers that on two separate occasions, petitioner did not ask for proof of age before allowing them to purchase liquor, supports the findings of the Administrative Law Judge, who was in the best position to determine the credibility of the witnesses, that petitioner had twice violated the statute by selling liquor to persons under the age of 21 ( see, Matter of Avon Bar Grill v O'Connell, 301 N.Y.2d 150, 153). The penalty of 60 days suspension is not excessive.

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Williams, JJ.