MATTER OF SONBYRNE SALES, INC. v. NEW YORK STATE LIQUOR AUTH.


192 A.D.2d 1118 (1993)

596 N.Y.S.2d 280

In the Matter of Sonbyrne Sales, Inc., Doing Business as Byrne Dairy, Petitioner, v. New York State Liquor Authority, Respondent

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

April 14, 1993


Determination unanimously annulled on the law without costs and petition granted.

Memorandum:

Respondent charged petitioner with unlawful sale of a 12-pack of beer to a minor on January 28, 1989, in violation of Alcoholic Beverage Control Law § 65 (1). At the hearing, only two witnesses testified. Both were called by respondent. The minor testified that he was 20 years old at the time of the sale and that, in response to a request for identification made...

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