Opinion
May 8, 1989
Adjudged that the determination is confirmed and the petition is dismissed on the merits, with costs.
There is substantial evidence in the record to support the State Liquor Authority's determination that the petitioner's establishment was not being operated as a "hotel" (Alcoholic Beverage Control Law § 3; Matter of Best v New York State Liq. Auth., 59 N.Y.2d 906, revg 89 A.D.2d 893; Matter of Popper's Delicacies v State Liq. Auth., 98 A.D.2d 601). Moreover, in light of all the circumstances, the cancellation of the petitioner's hotel liquor license and the forfeiture of its bond was not a penalty so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222). Mangano, J.P., Thompson, Bracken and Eiber, JJ., concur.