Determination unanimously annulled on the law and petition granted without costs.
Memorandum:
In determining whether petitioner suffered or permitted his premises to become disorderly in violation of Alcholic Beverage Control Law § 106 (6), the issue is not merely whether an assault occurred, but rather whether the licensee took appropriate action or stood by and permitted the disorderly conduct to continue (Matter of Highway Tavern Corp. v McLaughlin...
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