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MATTER OF GM & M RETAIL LIQUOR, INC. v. NEW YORK STATE LIQUOR AUTH.

211 A.D.2d 476 (1995)

620 N.Y.S.2d 388

In the Matter of Gm & M Retail Liquor, Inc., Petitioner, v. New York State Liquor Authority, Respondent

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

January 12, 1995

Respondent's determination, unsupported by substantial evidence in the record, cannot stand (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). At the hearing on charges of violating Alcoholic Beverage Control Law § 65 (2), a prohibition against selling alcohol to a person "visibly intoxicated", the sole witness against petitioner was the undercover police officer...

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