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MATTER OF FERLITO v. NEW YORK STATE LIQUOR AUTHORITY

283 A.D.2d 1021 (2001)

723 N.Y.S.2d 809

In the Matter of JOSEPH P. FERLITO, Doing Business as BUCKHOUT BREWING CO., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 2, 2001.

Determination unanimously annulled on the law with costs and petition granted.

Memorandum:

The determination that petitioner violated Alcoholic Beverage Control Law § 65 (1) is not supported by substantial evidence. "In order to establish a violation of Alcoholic Beverage Control Law § 65 (1), which prohibits sale or delivery of alcohol to a minor, there must be proof that the proscribed conduct was `open, observable and of such nature that its continuance...

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