MATTER OF FALSO v. McLAUGHLIN


72 A.D.2d 641 (1979)

In the Matter of David J. Falso, Doing Business as Palm Gardens Restaurant, Petitioner, v. Edward J. McLaughlin et al., Constituting The New York State Liquor Authority, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 18, 1979


The sole issue is whether the record developed before the hearing officer contains substantial evidence to support respondent's determination that petitioner violated subdivision 5 of section 106 of the Alcoholic Beverage Control Law by permitting persons to consume alcoholic beverages on licensed premises later than one-half hour after the commencement of prohibited hours of sale. Two police officers testified that they entered petitioner's licensed premises at 2:40 A.M...

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