Matter of Home Run KTV Inc. v. New York State Liq. Auth.

Tom, J.R, and Andrias, J.,

dissent in part in a memorandum by Tom, J.P., as follows: I agree with the majority that respondent’s determination that petitioner suffered or permitted altercations and/or assaults to occur, leading to a person being shot and punched on the licensed premises, is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]).

However, because there is substantial evidence to support respondent’s findings that petitioner suffered or permitted the premises to become disorderly by engaging in and/or suffering *455the…