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MATTER OF HOLISTIC RESOURCES, INC. v. DEL VALLE

Index No. 158275/19. Appeal No. 12871. Case No. 2020-00502.

190 A.D.3d 525 (2021)

140 N.Y.S.3d 34

2021 NY Slip Op 00235

In the Matter of Holistic Resources, Inc., et al., Petitioners, v. Fidel F. Del Valle et al., Respondents.

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

Decided January 14, 2021.

Attorney(s) appearing for the Case

Fahringer & Dubno, New York ( Erica T. Dubno of counsel), for petitioners.

James E. Johnson , Corporation Counsel, New York ( Eva L. Jerome of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.

OATH's determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180 [1978]). In addition to the documentary proof submitted at the hearing, Holistic's representative conceded that its employees had twice sold tobacco to a minor (see Administrative Code § 17-706). OATH therefore properly concluded that Holistic was subject to mandatory revocation...

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