[Download] "Matter Mead-Malone v. New York State Liquor Authority" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Mead-Malone v. New York State Liquor Authority
- Author : Supreme Court of New York
- Release Date : January 14, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
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[40 A.D.2d 632 Page 632] The respondent found that petitioner violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law "in that
it suffered or permitted the licensed premises to become disorderly" by suffering or permitting the trafficking in narcotics
and thereupon canceled petitioner's license. The question of whether a given licensed premises has been disorderly is factual,
and thus if the respondent's determination is supported by substantial evidence, it must be affirmed (Matter of Show Boat
of New Lebanon v. State Liq. Auth., 33 A.D.2d 954, affd. 27 N.Y.2d 676). And "the disorder involved need not have been known
to the licensee to constitute a violation; it is sufficient if the license should have known of it" (Matter of Show Boat of
New Lebanon v. State Liq. Auth., supra, p. 955; Matter of Becker v. New York State Liq. Auth., 21 N.Y.2d 289; Matter of Migliaccio
v. O'Connell, 307 N. Y. 566). In our opinion the instant record contains substantial evidence to support the respondent's
finding of guilt. However, we conclude on the evidence presented [40 A.D.2d 632 Page 633]