MATTER OF FAY'S INC. v. NEW YORK STATE DEP'T OF HEALTH


241 A.D.2d 815 (1997)

660 N.Y.S.2d 470

In the Matter of Fay's Inc., Respondent, v. New York State Department of Health, Appellant

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

July 24, 1997


Mikoll, J.

The facts underlying the instant matter are not in dispute. On August 14, 1995, a minor bought a pack of cigarettes from a clerk at a store owned and operated by petitioner in Wayne County. No request for identification was made. She was accompanied by Peter Saracino, a member of the Tobacco Action Coalition of the Finger Lakes Region (hereinafter Coalition), which routinely conducts compliance checks of establishments selling tobacco products...

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