Dark Horse II, Inc. v. New York State Liquor Authority

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Cortland County) to review a determination of respondent which, inter alia, assessed petitioner a $3,500 civil penalty.

In September 1995, the Division of Alcoholic Beverage Control instituted a proceeding pursuant to Alcoholic Beverage Control Law § 118 to revoke petitioner’s liquor license upon the ground that on October 19, 1994 and October 20, 1994 petitioner violated Alcoholic Beverage Control Law § 65 (1) by selling alcoholic beverages to a minor. The evidence adduced at an…