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MATTER OF J & M BROADWAY RESTAURANT INC. v. NEW YORK STATE LIQUOR AUTHORITY

266 A.D.2d 147 (1999)

699 N.Y.S.2d 27

In the Matter of J & M BROADWAY RESTAURANT INC., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

Decided November 30, 1999.

The determination that petitioner served alcohol during prohibited hours on five separate occasions and engaged in other serious misconduct is supported by substantial evidence (see, e.g., Matter of De Russo v New York State Liq. Auth., 222 A.D.2d 809). The penalty does not shock our sense of fairness (see, Matter of Warsaw Wines & Liqs. v New York State Liq. Auth., 245 A.D.2d 146, ...

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