Ritor Rest. Corp. v. New York State Liquor Authority 27 A.D.2d 710

Determination of the State Liquor Authority revoking petitioner’s restaurant liquor license, unanimously modified, on the law and the facts, and charges 2, 3 and 4 are dismissed, and the determination otherwise confirmed, with $50 costs and disbursements to respondent. Petitioner’s motion to dismiss charges 2, 3 and 4 under section 118 of the Alcoholic Beverage Control Law should have been granted. (Matter of Benjamin v. State Liq. Auth., 13 N Y 2d 227; Matter of Hacker v. State Liq. Auth., 21 A D 2d 755; Matter of Vilabar Cafe v. State Liq. Auth., 25 A D 2d 662.) The findings on charges 1, 6 and 7 are supported by substantial evidence and are confirmed. We find no reason for disturbing the penalty of revocation. Concur—Stevens, J. P., Steuer, Capozzoli, McNally and Witmer, JJ.