Opinion
October 24, 2000.
Sullivan, P.J., Nardelli, Rubin, Saxe , Friedman, JJ.
Determination of respondent State Liquor Authority dated February 2, 1999, which imposed a penalty of 30 days suspension and a civil penalty of $2,500 for violation of Alcoholic Beverage Control Law 106(6), unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR Article 78, (transferred to this Court by order of the Supreme Court, New York County [Paula Omansky, J.], entered June 1, 1999), dismissed, without costs.
The finding that petitioner suffered or permitted its licensed premises to become "disorderly" (see, Alcoholic Beverage Control Law 106) by sanctioning lewd and indecent conduct is supported by substantial evidence (see, Matter of La Trieste Rest. Cabaret v. State Liquor Auth., 228 A.D.2d 172; Matter of Rubinoff v. State Liquor Auth., 53 A.D.2d 943). The penalty is not excessive (see, Matter of Korina Rest. Bar v. State Liquor Auth., 267 A.D.2d 38; La Trieste Rest., supra).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.