The presence of a "Park Avenue" video display machine on petitioner's licensed premises was substantial evidence of petitioner having "suffered or permitted" gambling on the premises in violation of respondent's rule 36.1 (t) ( 9 NYCRR 53.1 [t]), since patrons who placed money into the device could be awarded free "points" or "hands" for having done so (Matter of Plato's Cave Corp. v State Liq. Auth., 68 N.Y.2d 791, 793). However, we remand to respondent solely for reconsideration of the penalty (see, Matter of Keenan v New York State Liq. Auth., 205 A.D.2d 359), since we regard any penalty greater than a 10-day suspension and $1,000 fine to be disproportionate to the offense and excessive.
Concur — Murphy, P.J., Wallach, Asch, Nardelli and Mazzarelli, JJ.