Matter of 47 Ave. B. E. Inc. v New York State Liq. Auth.
2009 NY Slip Op 07484 [13 NY3d 820]
October 22, 2009
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
As corrected through Wednesday, December 30, 2009


[*1]
In the Matter of 47 Ave. B. East Inc., Respondent,
v
New York State Liquor Authority, Appellant.

Decided October 22, 2009

Matter of 47 Ave. B. E. Inc. v New York State Liq. Auth., 65 AD3d 33, reversed.

APPEARANCES OF COUNSEL

Thomas J. Donohue, New York City, and Scott A. Weiner for appellant.

Mehler & Buscemi, New York City (Martin P. Mehler of counsel), for respondent.

{**13 NY3d at 821} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed with costs, and the petition dismissed. The State Liquor Authority (SLA)'s finding that petitioner permitted overcrowding on the premises in violation of SLA rules was supported by substantial evidence (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]).

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum; Chief Judge Lippman taking no part. [*2]

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.