In the Matter of 47 Ave. B. East Inc. v. New York State Liquor Authority, No. 209 SSM 33 (N.Y. 2009)

New York Court of Appeals, Memorandum (October 22, 2009)

Permanent Link: http://nyca.vlex.com/vid/69027319
Id. vLex: VLEX-69027319

Click here to download this article in graphic format (Acrobat Reader)

Document language

Request manual translation

Search in this document

Document options

Text:

This memorandum is uncorrected and subject to revision before

publication in the New York Reports.

--------------------------------------------------------------

No. 209 SSM 33
In the Matter of 47 Ave. B. East
Inc.,
Respondent,
v.
New York State Liquor Authority,
Appellant.

Submitted by Scott Weiner, for appellant.

Submitted by Martin P. Mehler, for respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed with costs, and the petition dismissed. The State Liquor Authority (SLA)'s finding that petitioner permitted overcrowding on the premises in violation of SLA rules was supported by substantial evidence (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]).

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and petition dismissed, in a memorandum. Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.

Decided October 22, 2009