MATTER OF BEER GARDEN v. N.Y. ST. LIQ. AUTH

The ALJ's finding, adopted by respondent, that petitioner allowed a minor to purchase an alcoholic beverage on August 21, 1987, is supported by substantial evidence, and this finding may not be disturbed by this Court. (M.D.M. Tavern Corp. v. New York State Liq. Auth., 157 A.D.2d 559.) Additionally, the penalty imposed was not so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness. (Supra.)

Concur — Murphy, P.J., Ross, Asch, Kassal and Smith, JJ.