IN THE MATTER OF JAMES J. VERNEY, DOING BUSINESS AS FOLEY'S SQUARE,
  RESPONDENT, v. NEW YORK STATE LIQUOR AUTHORITY, APPELLANT.

    94 N.Y.2d 779 (1999).
    October 19, 1999

   3 No. 150

   (99 NY Int. 0136)
   Decided October 19, 1999
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   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.
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   Leslie W. Trebby, for appellant.
   Bruce D. Blatchly, for respondent.

   MEMORANDUM:

   The order of the Appellate Division should be reversed and the
   determination of the State Liquor Authority reinstated, without costs.

   The Administrative Law Judge found a substantial number of conscious
   violations over a period of several months, which included noise,
   disorder, unlawfully extending the premises, unlawfully exceeding the
   premises' occupancy, operating an unlicensed stand-up bar, and a
   history of complaints, police calls and official warnings followed by
   additional violations. These findings were adopted by the Authority
   and were unchallenged in court.

   Under the circumstances we cannot say that the non-renewal
   determination was arbitrary and capricious or that the penalty imposed
   was "so disproportionate to the offense, in light of all the
   circumstances, as to be shocking to one's sense of fairness" ( Matter
   of Pell v. Board of Educ., 34 NY2d 222, 233 (internal quotations
   omitted); see also, Matter of Gillen v Smithtown Lib. Bd. of Trustees,
   ___ NY2d ___ (decided today)).

   Order reversed, without costs, determination of the New York State
   Liquor Authority reinstated and petition dismissed, in a memorandum.
   Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley
   and Rosenblatt concur.

   Decided October 19, 1999