Cumberland Farms, 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 Albany County) to review a determination of respondent which, inter alia, assessed petitioner a $2,500 civil penalty.

Following an administrative hearing, petitioner was found guilty of violating Alcoholic Beverage Control Law § 65 (1) by an Administrative Law Judge. This determination was subsequently adopted by respondent, which imposed a civil penalty, prompting petitioner to commence this CPLR article 78 proceeding to annul, which has since been transferred to this Court (see, CPLR…