Oster v. New York State Liquor Authority

— Kane, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which suspended petitioner’s liquor license for 10 days.

A review of the record reveals that respondent’s resolution of the credibility issue presented to it is supported by substantial evidence. In particular, the testimony of David Broceo and Tomi Tompkins provides sufficient evidence to support the conclusion that petitioner violated Alcoholic Beverage Control Law § 65 (1). Accordingly, we may not disturb respondent’s…