1442 Third Ave. Rest. Corp. v. New York State Liquor Authority , 640 N.Y.2d 17 ( 1996 )

Substantial evidence supports respondent’s findings that petitioner altered the subject premises without having obtained respondent’s approval, and aided and abetted an unlicensed person or persons in the trafficking of alcohol (see, Matter of Pell v Board of Educ., 34 NY2d 222, 230-231), notwithstanding the different findings made by the Administrative Law Judge (see, Matter of Danzo Estate v New York State Liq. Auth., 27 NY2d 469). The penalty imposed is not shockingly disproportionate to the offense (supra, at 233-234). Concur — Sullivan, J. P., Wallach, Kupferman and Tom, JJ.