Comedy Playhouse, LLC v. New York State Liquor Authority

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Jefferson County [Hugh A. Gilbert, J.], entered October 7, 2010) to review a determination of respondent. The determination sustained a charge that petitioner had violated Alcoholic Beverage Control Law § 128 and imposed a civil penalty.

It is hereby ordered that the determination is unanimously annulled on the law without costs, the petition is granted and the charge against petitioner is dismissed.

*1398Memorandum: Petitioner commenced…