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  5. 87 N.Y.2d 206 (1995)
 

S & R LAKE LOUNGE v. LIQ AUTH

87 N.Y.2d 206 (1995)

661 N.E.2d 1355

638 N.Y.S.2d 575

In the Matter of S & R Lake Lounge, Inc., Respondent, v. New York State Liquor Authority, Appellant.

Court of Appeals of the State of New York.

Decided December 5, 1995.

Attorney(s) appearing for the Case

Scott A. Weiner, New York City, and Adrian C. Hunte for appellant.

Richard W. Fulfree, Yonkers, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The question presented is whether respondent's determination that petitioner violated Alcoholic Beverage Control Law § 65 (1) was supported by substantial evidence given the circumstantial proof in the record. We answer this question in the affirmative.

According to the findings of fact of the Administrative Law Judge (ALJ), which are not controverted in any material respect,

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