IN RE: Application of J & M BROADWAY RESTAURANT INC.

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

IN RE: Application of J & M BROADWAY RESTAURANT INC., Petitioner, For a Review, etc., v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

Decided: November 30, 1999

SULLIVAN, J.P., NARDELLI, MAZZARELLI, WALLACH and FRIEDMAN, JJ. Charles J. Carreras, for Petitioner. Scott A. Weiner, for Respondent.

Determination of respondent State Liquor Authority dated March 16, 1998, which revoked petitioner's on-premises restaurant wine license, with monetary sanctions, 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 [Diane Lebedeff, J.], entered August 6, 1998), dismissed, without costs.

The determination that petitioner served alcohol during prohibited hours on five separate occasions and engaged in other serious misconduct is supported by substantial evidence (see, e.g., Matter of DeRusso v. New York State Liquor Auth., 222 A.D.2d 809, 634 N.Y.S.2d 783).   The penalty does not shock our sense of fairness (see, Matter of Warsaw Wines & Liquors, Inc. v. New York State Liquor Auth., 245 A.D.2d 146, 665 N.Y.S.2d 663, lv. denied 91 N.Y.2d 806, 668 N.Y.S.2d 561, 691 N.E.2d 633).

MEMORANDUM DECISION.