Bracco's Clam & Oyster Bar, Inc. v. N.Y.S. Liquor Auth.

• Citation: 64 N.Y.S.3d 577 (Mem),156 A.D.3d 629
• Decision Date: 06 December 2017
• Docket Number: Index No. 5868/16,2017–01070
• Parties: In the Matter of BRACCO'S CLAM & OYSTER BAR, INC., petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, respondent.
• Court: New York Supreme Court Appellate Division

156 A.D.3d 629
64 N.Y.S.3d 577 (Mem)

In the Matter of BRACCO'S CLAM & OYSTER BAR, INC., petitioner,
v.
NEW YORK STATE LIQUOR AUTHORITY, respondent.

2017–01070
Index No. 5868/16

Supreme Court, Appellate Division, Second Department, New York.

Argued—September 25, 2017
December 6, 2017

Michael Solomon, Freeport, N.Y. (V. Roy Cacciatore of counsel), for petitioner.

Christopher R. Riano, Albany, N.Y. (Mark D. Frering and Alexandra S. Obremski of counsel), for respondent.

MARK C. DILLON, J.P., RUTH C. BALKIN, L. PRISCILLA HALL, HECTOR D. LASALLE, JJ.

DECISION & JUDGMENT

156 A.D.3d 629

Proceeding pursuant to CPLR article 78 to review so much of a determination of the New York State Liquor Authority dated June 30, 2016, as adopted the recommendation of an Administrative Law Judge dated March 17, 2016, made after a hearing, sustaining two charges that the petitioner violated Alcoholic Beverage Control Law § 106(6) and rule 54.2 of the Rules of the New York State Liquor Authority ( 9 NYCRR 48.2 ), and imposed a civil penalty of $4,000.

ADJUDGED that the determination is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

156 A.D.3d 630

In June 2015, the respondent, the New York State Liquor Authority, commenced a proceeding to cancel or revoke the license of the petitioner, Bracco's Clam & Oyster Bar, Inc., based on charges, inter alia, that on May 17, 2015, it suffered or permitted the licensed premises to become disorderly in violation of Alcoholic Beverage Control Law § 106(6), and that it failed to exercise adequate supervision over the conduct of the licensed business in violation of rule 54.2 of the Rules of the New York State Liquor Authority ( 9 NYCRR 48.2 ) on that date. At a hearing before an Administrative Law Judge, the respondent presented the testimony of a police sergeant and documents indicating that a fight between patrons occurred at the licensed premises on May 17, 2015. The petitioner presented the testimony of one of its principals, who, among other things, disputed that the altercation occurred at the premises. The Administrative Law Judge credited the respondent's evidence and found that there was substantial evidence to sustain the two charges. On June 30, 2016, the respondent issued a determination, which adopted the Administrative Law Judge's recommendation sustaining those charges and imposed a civil penalty of $4,000. The petitioner commenced this proceeding pursuant to CPLR...