MATTER OF 3275 BYN. AVE. v. N.Y. ST. LIQ

Ordered that the judgment is affirmed, with costs.

The petitioner pleaded "no contest" to a violation of the Alcoholic Beverage Control Law § 106 (6) by maintaining a Joker Poker machine in operation on the licensed premises. The only issue involved is whether the penalty imposed by the New York State Liquor Authority — a 15-day suspension of the petitioner's liquor license and a $1,000 bond forfeiture — is a reasonable exercise of discretion. In view of all the circumstances, including the petitioner's virtually unblemished record of compliance with the law, we find that the Supreme Court properly vacated the penalty as excessive (see, e.g., Matter of PJP Tavern Corp. v. New York State Liq. Auth., 152 A.D.2d 578; Matter of La Cucina Mary Ann, Inc. v. State Liq. Auth., 150 A.D.2d 450; Matter of MNDN Rest. v. Gazzara, 128 A.D.2d 781, 782). Thompson, J.P., Bracken, Sullivan and Balletta, JJ., concur.