Opinion
October 24, 1991
Appeal from the Supreme Court, New York County [Leland DeGrasse, J.].
On December 1, 1989, the witness, a 17 year old minor, purchased a six pack of beer from the petitioners' store without being "proofed". She was stopped by police before leaving the store parking lot. The New York State Liquor Authority was notified and a hearing was held. Based on her testimony, which the Hearing Officer found credible, respondent determined that the petitioners were guilty of violating Alcoholic Beverage Control Law § 65 (1). A review of the record as a whole shows that the administrative agency based its determination on evidence which a reasonable mind might accept as adequate to support the conclusion it reached. (Matter of Cortland-Clinton, Inc. v. New York State Dept. of Health, 59 A.D.2d 228. ) As the determination is supported by substantial evidence, we confirm the respondent's determination.
Concur — Rosenberger, J.P., Kupferman, Smith and Rubin, JJ.