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IN THE MATTER OF CARTHAGE PALACE, INC. v. NEW YORK STATE LIQUOR AUTHORITY

55 A.D.3d 504 (2008)

In the Matter of CARTHAGE PALACE, INC., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

October 30, 2008.

Respondent's conclusion that petitioner permitted an unauthorized person or persons to avail themselves of its liquor license is supported by substantial evidence (see Matter of Happy Landing Lounge v State of N.Y. Liq. Auth., 219 A.D.2d 786 [1995]). The testimony and evidence demonstrate that petitioner's owner and sole principal entered into a written agreement ceding control and promising profit to a third party. Petitioner's...

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