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IN THE MATTER OF ALBANY MANOR INC. v. NEW YORK STATE LIQUOR AUTHORITY

57 A.D.3d 142 (2008)

867 N.Y.S.2d 380

In the Matter of ALBANY MANOR 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.

Attorney(s) appearing for the Case

Mehler & Buscemi, New York City (Martin P. Mehler of counsel), for petitioner.

Thomas J. Donohue, New York City (Scott A. Weiner of counsel), for respondent.

SAXE, J.P., McGUIRE, ACOSTA and DEGRASSE, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

The question posed by this appeal is whether there is substantial evidence to support the finding that the petitioner, owner of a tavern located in Brooklyn, "suffer[ed] or permit[ted]" the use of marijuana on its premises in violation of subdivision (6) of section 106 of the Alcoholic Beverage Control Law.

Following a hearing, the Administrative Law Judge (ALJ) found that a police officer observed a patron of the...

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