(CN) – The City of Buffalo can shut down a nightclub because evidence suggests that the owners allowed “disorderly or immoral” conduct there, the New York Supreme Court ruled.
Despite an administrative law judge’s recommending dismissal of all charges against the club and its owners, Commissioner Richard Tobe sustained nine charges against the club, alleging violations of city codes, and allowed the club to be stripped of its permit.
The state supreme court cited Matter of Shorts Bar of Rochester Inc. v New York State Liq. Auth., stating that “it is the responsibility of the administrative agency to weigh the evidence and choose among competing inferences therefrom and, so long as the inference drawn and the ultimate determination made are supported by substantial evidence, it is not for the court to substitute its judgment for that of the administrative agency.”
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