Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs of disbursements.
Based upon our review of the record, we find that the respondent's determination finding that the petitioner violated Alcoholic Beverage Control Law § 65 (1) by selling alcoholic beverages to minors on two separate occasions is supported by substantial evidence and thus will not be disturbed (see, CPLR 7803). Additionally, the imposed penalty of a 40-day suspension, 20 days forthwith and 20 days deferred, of the petitioner's liquor license was not "`so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness'" (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233). Mollen, P.J., Mangano, Brown and Harwood, JJ., concur.