IN RE: UNTITLED LLC (2011)

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about April 20, 2009, which granted the petition to the extent of annulling respondent's determination to suspend petitioner's liquor license for seven days, and remanding the matter for a hearing on mitigating circumstances and modification of the penalty, unanimously reversed, on the law, without costs, the petition denied and the proceeding dismissed.

Although petitioner attempted to offer mitigation evidence that respondent did not consider in imposing a $7,000 fine and seven-day suspension, the penalty is warranted in view of petitioner's history, including three prior occasions on which it was similarly found to have served alcohol to underage persons (see Matter of Cris Place, Inc. v. New York State Liq. Auth., 56 AD3d 339, 339-340 [2008] ). The assessed penalty is not disproportionate to the offense (see Matter of Monessar v. New York State Liq. Auth., 266 A.D.2d 123 [1999]; 3120 Wilkinson Food Corp. v. Duffy, 224 A.D.2d 296 [1996] ), nor does it shock the Court's sense of fairness so as to constitute an abuse of discretion by the administrative agency (see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 233 [1974]; Matter of Norwood Pub v. State Liq. Auth., 145 A.D.2d 322, 323 [1988] ).