Alegre Deli, Inc. v. New York State Liquor Authority
Cases that cite this one
8 later published cases cite this decision.
- Matter of Pearl v. New York State Unified Ct. Sys. (Appellate Division of the Supreme Court of New York 2025)
- Matter of Mario Enters., Inc. v. New York State Liq. Auth. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Last Train Stop, Inc. v. New York State Liq. Auth. (Appellate Division of the Supreme Court of New York 2018)
- Matter of Lozada v. Elmont Hook & Ladder Co. No. 1 (Appellate Division of the Supreme Court of New York 2017)
- 80 Lafayette Associates v. Gibson (Appellate Division of the Supreme Court of New York 2009)
- S & S Pub, Inc. v. New York State Liquor Authority (Appellate Division of the Supreme Court of New York 2008)
- MJM Royal, Inc. v. New York State Liquor Authority, Division of Alcoholic Beverage Control (Appellate Division of the Supreme Court of New York 2004)
- Hoch v. New York State Department of Health (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Liquor Authority, dated November 28, 2001, which rejected the findings of an Administrative Law Judge, made after a hearing, determined that the petitioner violated Alcoholic Beverage Control Law § 65 (1), and imposed a monetary penalty.
Adjudged that the petition is granted, on the law, with costs, the determination that the petitioner violated Alcoholic Beverage Control Law § 65 (1) is annulled, the monetary penalty imposed is vacated, and the finding of the Administrative Law Judge dated March 19, 2001, is confirmed.
The petitioner operates a deli which sells beer for off-site consumption. The petitioner was issued a summons for a violation of Alcoholic Beverage Control Law § 65 (1) for allegedly selling beer to a person under the age of 21 years on September 14, 2000. At an administrative hearing, the New York State Liquor Authority (hereinafter the Authority) presented only one witness, a plainclothes police officer who testified he observed an underaged person purchase a six-pack of beer without being asked for verification of age. The officer testified that the underaged person was a “police explorer” and that before the sale he had seen the youth’s New York State driver’s
It is well settled that upon judicial review of a determination rendered by an administrative body following a hearing, the issue presented for this Court’s determination is whether it is supported by substantial evidence (cf. Matter of Lahey v Kelly, 71 NY2d 135, 140). Further, a decision by an administrative hearing officer to credit the testimony of a given witness is given great weight because the hearing officer had the opportunity to observe the demeanor of the witness (see Matter of Kelly v Murphy, 20 NY2d 205, 209-210; cf Matter of Berenhaus v Ward, 70 NY2d 436, 443). Under the circumstances presented here, including the total lack of corroborative evidence, the Authority’s determination is not supported by substantial evidence (see Matter of Ridge, Inc. v New York State Liq. Auth., 257 AD2d 625, 626-627; Matter of K & Z Place v Casale, 248 AD2d 539). Therefore, the Authority erred in rejecting the opinion and determination of the Administrative Law Judge, its determination should be annulled, and the determination of the Administrative Law Judge should be confirmed (see Matter of Kelly v Murphy, supra). Smith, J.P., McGinity, Luciano and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.