Surf City Enterprises of Syracuse, Inc. v. New York State Liquor Authority
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Onondaga County [Brian F. DeJoseph, J.], entered January 11, 2012) to review a determination of respondent. The determination imposed a civil penalty against petitioner.
It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.
Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that it violated Alcoholic Beverage Control Law § 65 (1) (selling alcohol to minors), 9 NYCRR 48.2 (conduct of licensed premises) and 9 NYCRR 48.3 (conformance with local and other regulations). Contrary to the contention of petitioner, we conclude that the determination that it violated Alcoholic Beverage Control Law § 65 (1) and 9 NYCRR 48.2 is supported by substantial evidence (see generally Matter of Shorts Bar of Rochester Inc. v New York State Liq. Auth., 17 AD3d 1101, 1102 [2005]). Several law enforcement officers who participated in the raid of petitioner’s establishment testified at the hearing that they observed numerous underage patrons consuming alcohol, and the record includes several supporting depositions of underage patrons who admitted consuming alcohol on the premises (see Matter of JMH, Inc. v New York State Liq. Auth., 61 AD3d 1260, 1262 [2009]). We do not address petitioner’s contention that the admissions were obtained in violation of the patrons’ constitutional rights inasmuch as petitioner lacks standing to raise that contention (cf. People v Wesley, 73 NY2d 351, 355 [1989]; see generally Warth v Seldin, 422 US 490, 498-500 [1975]; Tileston v Ullman, 318 US 44, 46 [1943]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.