New York Civil Service Attorney Law Blog : New York Civil Service Lawyer & Attorney : Kevin P. Sheerin : Article 78 : Serving New York City, Long Island, Manhattan, Bronx, Brooklyn, Queens, Staten Island

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In July 2006, a police officer noticed someone smoking marijuana in a tavern in Brooklyn, Albany Manor. Subsequently, an administrative law judge revoked the bar’s liquor license on the grounds that the bar owner “suffered or permitted” the tavern “to become disorderly”. The tavern then initiated this Article 78 appeal.

Albany Manor argued that the state agency did not have substantial evidence to prove that the isolated incident of reported marijuana usage amounted to a violation of §106(6) and that the penalty was arbitrary and capricious.

The Appellate Division noted that the bar had eight security guards on duty on the night in question patrolling the premises to ensure that no one was smoking. The bar also had openly displayed “no smoking” signs throughout the tavern and no ashtrays. There was no evidence that the petitioner had any knowledge of the act and nothing indicating that this was an ongoing condition.

Accordingly, the panel annulled the authority’s revocation of the bar’s liquor license.