IRVINGTON ENTERS., INC. v. DUFFY


155 A.D.2d 335 (1989)

Irvington Enterprises, Inc., Doing Business as The Juke Box, Petitioner, v. Thomas A. Duffy, as Chairman of The New York State Liquor Authority, et al., Respondents

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

November 21, 1989


It is for the administrative agency to determine the credibility of the witnesses, to weigh the evidence and to draw inferences therefrom, and this court cannot substitute its judgment on conflicting evidence or on conflicting inferences for that of the agency. (Matter of Avon Bar & Grill v O'Connell, 301 N.Y. 150 [1950].) In this case while the inferences drawn by the petitioner may have...

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