Fay's Inc. v. New York State Department of Health

Appeal from a judgment of the Supreme Court (Carpinello, J.), entered July 19, 1996 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding that, inter alia, petitioner illegally sold tobacco products to a minor.

The facts underlying the instant matter are not in dispute. On August 14, 1995, a minor bought a pack of cigarettes from a clerk at a store owned and operated by petitioner in Wayne County. No request for identification was made. She was accompanied by Peter Saracino, a member of the Tobacco…