IN RE: GO WEST ENTERTAINMENT

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Supreme Court, Appellate Division, First Department, New York.

IN RE: GO WEST ENTERTAINMENT, INC., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

Decided: September 18, 2008

MAZZARELLI, J.P., ANDRIAS, SAXE, FRIEDMAN, ACOSTA, JJ. Mehler & Buscemi, New York (Martin P. Mehler of counsel), and Greenberg Traurig, LLP, New York (Israel Rubin of counsel), for petitioner. Thomas J. Donohue, New York (Donald T. Martin of counsel), for respondent.

Determination by respondent, dated March 5, 2008, which revoked petitioner's liquor license, directed forfeiture of its $1000 bond and imposed a $20,000 civil penalty, unanimously confirmed, the petition denied and this proceeding (transferred to this Court by order of Supreme Court, New York County [Walter B. Tolub, J.], entered on or about March 11, 2008), dismissed, without costs.

 The administrative determination sustaining the charge of suffering or permitting the premises to become disorderly, in violation of Alcoholic Beverage Control Law § 106(6) and the Rules of the State Liquor Authority (9 NYCRR) § 48.2, was supported by substantial evidence.   There is ample evidence in the record that petitioner's management was aware, or should have been aware, of prostitution occurring on the premises.   The penalty is not excessive (see Matter of La Maison De Sade v. New York State Liq. Auth., 276 A.D.2d 415, 714 N.Y.S.2d 295 [2000];  Matter of X.S.P.O., Inc. v. New York State Liq. Auth., 240 A.D.2d 182, 658 N.Y.S.2d 874 [1997] ).

We have considered petitioner's remaining contentions and find them unavailing.