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MATTER OF 25-24 CAFÉ v. NYS. LIQ. AUTH.

201.

65 A.D.3d 260 (2009)

881 N.Y.S.2d 427

In the Matter of 25-24 CAFÉ CONCERTO LTD., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

Decided June 30, 2009.

Attorney(s) appearing for the Case

Mehler & Buscemi, New York City ( Martin P. Mehler of counsel), for petitioner.

Thomas J. Donohue , New York City ( Scott A. Weiner of counsel), for respondent.

GONZALEZ, P.J., SWEENY AND RENWICK, JJ., concur with CATTERSON, J.; TOM, J., dissents in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

On the evening of January 15, 2006, in response to a complaint about underage drinking, a group of New York City police officers arrived on the petitioner's premises, a nightclub located in Astoria, Queens. Subsequently, four charges were brought against the petitioner by the New York State Liquor Authority (hereinafter referred to as the SLA): (1) allowing the sale of alcohol to an underage person or persons on January...

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