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MATTER OF 150 RFT VARICK CORP. v. NEW YORK STATE LIQ. AUTH.

10035, 104117/12.

107 A.D.3d 524 (2013)

967 N.Y.S.2d 353

2013 NY Slip Op 4543

In the Matter of 150 RFT VARICK CORP., Doing Business as GREENHOUSE, Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

Decided June 18, 2013.

Respondent's determination that petitioner suffered or permitted assaults to occur as alleged in charges 1, 3, 4, 6, 7, and 10-12, and suffered or permitted the possession, use, or sale of drugs by a nightclub patron as alleged in charge 2, was not supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181 [1978]). Respondent failed to establish that petitioner knew or should...

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