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47 AVE. B. E. v. NYS LIQ.

65 A.D.3d 33 (2009)

880 N.Y.S.2d 22

In the Matter of 47 AVE. B. EAST INC., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

Decided May 21, 2009.

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 and DEGRASSE, JJ., concur with CATTERSON, J.: TOM, J.P., and MOSKOWITZ, J., dissent in a separate opinion by TOM, J.P.

OPINION OF THE COURT

CATTERSON, J.

The principal issue presented on this appeal is whether there is substantial evidence to support the finding that the petitioner permitted overcrowding on the premises in violation of Rules of the State Liquor Authority rules 54.2 (9 NYCRR 48.2) (hereinafter referred to as rule 48.2) (failure to exercise adequate supervision over the conduct of the licensed establishment) and 54...

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