Majority
p. 412In the Matter of 1442 Third Ave. Rest. Corp., Doing Business as Cafe Metaire, Petitioner, v New York State Liquor Authority, Respondent. [640 NYS2d 17]
Substantial evidence supports respondent’s findings that
p. 413
petitioner altered the subject premises without having obtained respondent’s approval, and aided and abetted an unlicensed person or persons in the trafficking of alcohol (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 230-231), notwithstanding the different findings made by the Administrative Law Judge (see, Matter of Danzo Estate v New York State Liq. Auth., 27 NY2d 469 ). The penalty imposed is not shockingly disproportionate to the offense (supra, at 233-234). Concur — Sullivan, J. P., Wallach, Kupferman and Tom, JJ.
Cases cited
- Pell v. Board of Education 34 NY2d 222 at 230-231 p. 413
- Danzo Estate, Inc. v. New York State Liquor Authority 27 NY2d 469 p. 413