Tap Restaurant Corp. v. New York State Division of Alcoholic Beverage & Control

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which suspended petitioner’s on-premises liquor license.

Petitioner was charged with a violation of Alcoholic Beverage Control Law § 65 (1) based upon the sale of alcohol in April 1993 to Billie-Jo Cartwright, who was then 17 years old. Cartwright obtained entry to petitioner’s premises by displaying a New York driver’s license which had been issued to Dawn Kean, who was then 24 years old. At the hearing, the attorney representing…