Friendly Convenience, Inc. v. New York City Department of Consumer Affairs

Determination of respondents, dated June 27, 2008, after a hearing, that petitioner had sold cigarettes to a minor, imposing a fine of $2,050 and assigning two points to petitioner’s retail dealer’s record, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Alice Schlesinger, J.], entered March 31, 2009) dismissed, without costs.

The administrative law judge (ALJ) exercised his discretion in admitting into evidence the cigarette pack allegedly sold to a minor, which had not…