572 Market Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

572 Market Corp. v. New York State Liquor Authority

291 A.D.2d 348, 739 N.Y.S.2d 13, 2002 N.Y. App. Div. LEXIS 2143

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 2002

StatusPublished

This text of 291 A.D.2d 348 (572 Market Corp. v. New York State Liquor Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

572 Market Corp. v. New York State Liquor Authority, 291 A.D.2d 348, 739 N.Y.S.2d 13, 2002 N.Y. App. Div. LEXIS 2143 (N.Y. Ct. App. 2002).

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Opinion

—Determination of respondent State Liquor Authority, dated October 2, 2000, imposing a $1,000 civil penalty on petitioner, 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 [Walter Tolub, J.], entered on or about February 28, 2001), dismissed, without costs.

Substantial evidence, including the affidavit signed by the undercover, underage police officer used as a decoy in the operation and prepared by his partner in the operation, respondent’s witness at the hearing, supports respondent’s finding that petitioner sold beer to an underage person without asking for identification in violation of Alcoholic Beverage Control Law § 65 (1) (see, Matter of Gray v Adduci, 73 NY2d 741, 742). The testimony of petitioner’s cashier that he does not sell alcohol to younger-looking customers without checking proof of age raises a question of credibility that is beyond our review (see, Matter of DeLion Grocery v New York State Liq. Auth., 224 AD2d 298). Concur — Williams, J.P., Lerner, Buckley, Friedman and Marlow, JJ.

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—Determination of respondent State Liquor Authority, dated October 2, 2000, imposing a $1,000 civil penalty on petitioner, 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 [Walter Tolub, J.], entered on or about February 28, 2001), dismissed, without costs.

Substantial evidence, including the affidavit signed by the undercover, underage police officer used as a decoy in the operation and prepared by his partner in the operation, respondent’s witness at the hearing, supports respondent’s finding that petitioner sold beer to an underage person without asking for identification in violation of Alcoholic Beverage Control Law § 65 (1) (see, Matter of Gray v Adduci, 73 NY2d 741, 742). The testimony of petitioner’s cashier that he does not sell alcohol to younger-looking customers without checking proof of age raises a question of credibility that is beyond our review (see, Matter of DeLion Grocery v New York State Liq. Auth., 224 AD2d 298). Concur — Williams, J.P., Lerner, Buckley, Friedman and Marlow, JJ.

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291 A.D.2d 348, 739 N.Y.S.2d 13, 2002 N.Y. App. Div. LEXIS 2143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/572-market-corp-v-new-york-state-liquor-authority-nyappdiv-2002.

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