New York Court of Appeals January 18, 1968 (Chateau Madrid Restaurant Corp. v. New York State Liquor Authority)

Upon the appeal by the licensee: Order affirmed, with costs. We agree with the State Liquor Authority that charges Nos. 2, 3 and 4 were sustained by substantial evidence. It should be noted that the Appellate Division, lacking power to find new facts, may not reverse on the facts. (See Matter of Shell Cr. Sailing Club v. Board of Zoning Appeals of Town of Hempstead, 20 N Y 2d 841.