Ordered that the appeal is dismissed and the judgment is vacated; and it is further,
Adjudged that the petition is granted, on the law and the facts, to the extent that (1) so much of the determinations concerning the petitioners Patricia Ann Cottage Pub, Inc., doing business as Jack McCarthy's Pub, and Tobins 2 Pub, as found those petitioners guilty of violating Public Health Law § 1399-o are annulled, and the penalties imposed with respect to those petitioners...
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