Ferlito v. New York State Liquor Authority

—Determination unanimously annulled on the law with costs and petition granted. Memorandum: The determination that petitioner violated Alcoholic Beverage Control Law § 65 (1) is not supported by substantial evidence. “In order to establish a violation of Alcoholic Beverage Control Law § 65 (1), which prohibits sale or delivery of alcohol to a minor, there must be proof that the proscribed conduct was ‘open, observable and of such nature that its continuance could, by the exercise of reasonable diligence, have been prevented’ ” (Matter of S & R Lake Lounge v New York State Liq. Auth., 87 NY2d…