Narrative Opinion Summary
The New York State Liquor Authority's determination on April 5, 1994, to suspend the petitioner's on-premises liquor license for 40 days (30 days immediate suspension and 10 days deferred) and impose a $1,000 bond forfeiture has been unanimously confirmed. The petition challenging this decision, filed under CPLR article 78 and transferred to this court by the Supreme Court of New York County, has been dismissed without costs. Substantial evidence was found supporting the Authority's conclusion that the petitioner sold alcohol to an underage undercover officer without requesting identification, which constitutes a violation of the Alcoholic Beverage Control Law. The court noted that the credibility of the officer's description of the bartender was a matter for the finder of fact. Additional arguments from the petitioner, including claims of excessive penalties, were deemed without merit. The decision was concurred by Justices Ellerin, Rubin, Kupferman, Williams, and Mazzarelli.
Legal Issues Addressed
Credibility Determinations by Fact Findersubscribe to see similar legal issues
Application: The court acknowledged that evaluating the credibility of the officer's testimony regarding the bartender's actions was within the purview of the finder of fact.
Reasoning: The court noted that the credibility of the officer's description of the bartender was a matter for the finder of fact.
Judicial Review of Penalties Imposed by Administrative Bodiessubscribe to see similar legal issues
Application: The petitioner's argument that the penalties were excessive was rejected, with the court finding no merit in the claim.
Reasoning: Additional arguments from the petitioner, including claims of excessive penalties, were deemed without merit.
License Suspension and Forfeiture under Alcoholic Beverage Control Lawsubscribe to see similar legal issues
Application: The New York State Liquor Authority's decision to suspend the petitioner's liquor license and impose a bond forfeiture was confirmed due to a violation involving the sale of alcohol to a minor.
Reasoning: The New York State Liquor Authority's determination on April 5, 1994, to suspend the petitioner's on-premises liquor license for 40 days (30 days immediate suspension and 10 days deferred) and impose a $1,000 bond forfeiture has been unanimously confirmed.
Substantial Evidence Standardsubscribe to see similar legal issues
Application: The court found substantial evidence supporting the Authority's conclusion regarding the sale of alcohol to an underage undercover officer, validating the suspension and forfeiture.
Reasoning: Substantial evidence was found supporting the Authority's conclusion that the petitioner sold alcohol to an underage undercover officer without requesting identification, which constitutes a violation of the Alcoholic Beverage Control Law.