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MATTER OF LAST TRAIN STOP, INC. v. NEW YORK STATE LIQUOR AUTHORITY

2016-07241. Index No. 30623/16.

161 A.D.3d 867 (2018)

75 N.Y.S.3d 286

2018 NY Slip Op 03364

In the Matter of Last Train Stop, Inc., Petitioner, v. New York State Liquor Authority, Respondent.

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

Decided May 9, 2018.

Adjudged that the determination is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, neither the Alcoholic Beverage Control Law § 118 (3) nor rule 36.1 (q) of the Rules of the State Liquor Authority (9 NYCRR) § 53.1 (q) require the New York State Liquor Authority (hereinafter the Liquor Authority) to prove that the petitioner knowingly suffered or permitted...

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