IN RE: JERICHO PUB (2004)

Determination of respondent State Liquor Authority, dated July 2, 2002, finding respondent guilty of specified charges, including permitting excessive noise to emanate from its establishment in violation of 9 NYCRR 53.1(q), and imposing a $2500 civil penalty, or, alternatively, a 15-day suspension plus a $1000 bond claim, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Louise Gruner Gans, J.], entered November 19, 2002), dismissed, without costs.

 Substantial evidence, including the testimony of at least two witnesses, established that petitioner permitted a continuing pattern of excessive noise to occur in the subject premises in violation of Alcoholic Beverage Control Law § 118(3) and 9 NYCRR 53.1(q).  Substantial evidence, including unchallenged testimony that respondent had paid $50 fines for each of two signage violations, established that respondent had violated 9 NYCRR 48.3 by failing to comply with local township signage regulations.   No basis exists to disturb respondent's findings of credibility (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444, 522 N.Y.S.2d 478, 517 N.E.2d 193).   The penalty imposed does not shock our sense of fairness.   We have considered petitioner's other arguments and find them unavailing.