MATTER OF FALSO v. State Liquor Auth.

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

It is true that the evidentiary fact pattern in this case resembles that in Matter of Martin v State Liq. Auth. (41 NY2d 78). In Martin, however, the penalty had been imposed by the authority on the basis of a finding that by the exercise of due diligence the licensee should have discovered the gambling activities of her barmaid, i.e., on the theory of personal knowledge of the licensee. The Appellate Division held that there was insufficient evidence to support that finding and incidentally…