IN RE: CARTHAGE PALACE (2008)

Determination of respondent New York State Liquor Authority, dated November 28, 2007, which revoked petitioner's liquor license and directed forfeiture of its $1,000 bond, unanimously confirmed, the petition denied and this proceeding (transferred to this Court by order of Supreme Court, New York County [Marcy S. Friedman, J.], entered on or about January 4, 2008) dismissed, without costs.

Respondent's conclusion that petitioner permitted an unauthorized person or persons to avail themselves of its liquor license is supported by substantial evidence (see Matter of Happy Landing Lounge v. State of New York Liq. Auth., 219 A.D.2d 786, 631 N.Y.S.2d 466 [1995] ).   The testimony and evidence demonstrate that petitioner's owner and sole principal entered into a written agreement ceding control and promising profit to a third party.   Petitioner's principal remained absent from the premises following the takeover and adduced no evidence showing his continued involvement in the business, nor, at the very least, any indication that he continued to monitor the business.

Respondent's conclusions that petitioner's principal failed to appear for an interview as directed, and purchased alcohol from an unlicensed source, are based on credibility determinations by the Administrative Law Judge (see Matter of Floral Park Liqs. v. New York State Liq. Auth., 211 A.D.2d 499, 621 N.Y.S.2d 331 [1995], lv. denied 85 N.Y.2d 806, 627 N.Y.S.2d 323, 650 N.E.2d 1325 [1995] ), and we perceive no basis for disturbing them.   In light of the nature of the offense, the penalty imposed is not shocking to our sense of fairness (see Happy Landing Lounge, 219 A.D.2d at 787, 631 N.Y.S.2d 466 [1995] ).