Woodland Case ALJ Decision, Part of SLA Defense To Second Suit

FILED: KINGS COUNTY CLERK 11/20/2019 04:43 PM INDEX NO.
525003/2019
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/20/2019
STATE OF NEW YORK SUPREME COURT

COUNTY OF KINGS
_______________________________..______________________
In the Matter of the Application of
PRIME SIX, INC. d/b/a WOODLAND,
Petitioner,
AFFIRMATION
-against-
NEW YORK STATE LIQUOR AUTHORITY, Index No.

525003 /4
VINCENT G. BRADLEY, as Chairman,
Respondents.
Margarita Marsico, an attorney duly licensed to practice law before the
courts of the State of New York, respectfully affirms the following under penalty
of perjury:
1. I am employed in the Office of Gary Meyerhoff, General Counsel to
the New York State Liquor Authority ("Authority") and make this affirmation in
opposition to Petitioner's emergency application, which the Authority first
learned would be presented at or around 3 p.m. today, November 14, 2019. The
statements contained herein are true to the best of my knowledge.
2. On November 8, 2019, Hon. Peter P. Sweeney, J.S.C. entered an
Order dismissing the initial petition of Prime Six, Inc., d/b/a Woodland
("Woodland") to vacate and annul the Authority's order summarily suspending
Woodland's on-premises liquor license. The Authority had suspended the license
because Woodland's operations posed a threat to public health, safety and
welfare. The Court's Order dismissed the initial petition and denied Woodland's
1 of 112
FILED: KINGS COUNTY CLERK 11/20/2019 04:43 PM INDEX NO. 525003/2019
motion for a preliminary injunction, finding that the Court had no jurisdiction
to rule because the Authority had not yet entered a final or definitive ruling. See
Order, attached as Exhibit A. As a result, the Court's pre-existing temporary
restraining order ("TRO"), which had been in place for several months and
allowed Woodland to continue to serve alcohol, expired on its own terms.
3. On the business day following this Court's ruling, Woodland raced
into court with a new application to reargue the motion it had just lost and
asking for a new TRO to be imposed pending a ruling. Justice Sweeney rejected
Woodland's request for a stay, setting a return date on the motion to reargue for
November 25, 2019. This Court held:
Since this matter has already been stayed in excess of 30 days, a further
stay many not be granted (Alcoholic Beverage Control Law §121; Matter of
Barcus v. O'Connel, 28 App. Div. 1064, Rock Ave Bar 8s Grill v. N.Y.S.
Liquor Auth., 15 A.D.2d 508.)
(Ex. B, Nov. 25, 2019 Order to show Cause).
4. There is no legitimate legal basis for Woodland to seek another stay.
There is an open matter in this Court between the parties covering this exact
subject matter and Woodland's efforts to vacate and annul the Authority's
summary suspension are set to be heard in this Court, in front of Justice
Sweeney, in eleven days.
5. To the extent Woodland's instant application contends that the
allegations or charges that constituted the basis upon which the Authority
suspended Woodland's license are without basis, or should be voided, such
contentions are premature and without jurisdictional basis for reasons the
Authority can present in response to the application.
2 of 112
6. To the extent the Court is inclined to consider such a challenge, and
respectfully it should not, the Court must also consider November 12, 2019
Opinion,"
Opinion of Rosanne M. Harvey, ALJ (the "ALJ a true and correct copy
of which is attached as Exhibit C). The ALJ Opinion is an 82 page analysis of
the lengthy evidentiary hearing in The Matter Of Proceedings To Cancel Or
Revoke the license of Prime Six, Inc., d/b/a Woodland, the hearing on the
charges at issue.
7. As the Court can see from the ALJ Opinion, virtually all of the
charges that prompted the to suspend Woodland's on-

Authority summarily
premises liquor license, on the grounds that public health, safety, and/or welfare
required emergency action, have now been sustained after an evidentiary hearing
on the merits
8. The evidence presented as to the unlawful conduct at Woodland is
enormous, and its breadth and totality can only be understood through a full
reading of the ALJ Opinion. However, a few key passages should help to
summarize for the Court why Woodland has no basis to contend that it has been
denied any rights or any justice in these proceedings.
9. In sustaining Charge 2, which alleged that Woodland "suffered or
disorderly,"
permitted the licensed premises to become the ALJ Opinion states:
"nuisance"
As discussed in Charge 8, infra, I find that Woodland is a
because Mr. Ofshtein [Woodland's owner], for a period of years, has
allowed a sustained and continuing pattern of relentless and unreasonable
noise, unruly drunken patrons, loud crowds, filth such as vomit, urine,
and feces, and vulgarity (used condoms) courtesy of the Woodland patrons,
that has disturbed the area residents and their lives. I have also found
that his intolerable and abhorrent conduct has existed . . . and that all of
it adversely affected the health, welfare, or safety of the inhabitants of the
3 of 112
area surrounding Woodland. In addition, I find that it is beyond dispute,

that used condoms anywhere in the area is an assault on morality.
Finally, the record contains overwhelming evidence of Mr. Ofshtein's

years'
knowledge of these deplorable conditions through worth of repeated
complaints from residents and efforts of the Community Council and
Community Board Six to eliminate these disturbances, all of which has
fallen on his ears, which are deaf.
Ex. C, p. 55.
10. In sustaining Charge 7, which alleges that noise, disturbance,
misconduct, or disorder has "resulted in the licensed premises becoming a focal
attention,"
point for police the ALJ Opinion finds:
What emerges from this evidence is that Mr. Ofshtein has allowed
Woodland to drain the police resources of an entire geographical area and
depriving its residents of those resources. As a result, Mr. Ofshtein is
directly responsible for compromising the health, safety, welfare and

repose of countless residents. More troubling, however, is Mr. Ofshtein's
willingness to allow this callous indifference to anyone's needs other than
his own to continue unabated to support a bar that is an emblem for
depravity and indecency. . . . I, therefore, find that the record contains
overwhelming evidence of Woodland becoming a focal point for police
action, and that the Authority has sustained its burden of proving this
charge by substantial evidence. . . .
Ex. C, p. 62.
11. In sustaining Charge 8, which alleges that a sustained and
continuing pattern of noise, disturbance, misconduct , or disorder has "adversely
affect[ed] the health, welfare, or safety of the inhabitants of the area . . .", The
AIJ Opinion finds:
Accordingly, I find that the record contains substantial evidence to
establish Woodland as the most problematic bar in the area and the only
one offering a bottomless brunch, beginning early on Saturday and
Sunday mornings and that continues into the early morning hours, even
on Sundays. In addition, there is substantial evidence of peaceful and

quiet neighborhood until Woodland opened for business, generating
disorder that had been unthinkable. . . .
4 of 112
Finally, I note that these witnesses, who are residents of the surrounding
area, all have something that the Licensee, Mr. Ofshtein lacks: a right as
distinct from M. Ofshtein's mere privilege to hold a liquor license that
exists by virtue of legislation , and the largess of the State Liquor Authority.
These residents have a right to the peaceful and quiet enjoyment of their
property, undisturbed by Mr. Ofshtein's irresponsible use of his privilege
to operate a bar. Charge 8 is sustained.
Ex. C., pp. 73-74.
12. The ALJ Opinion is by no means a final resolution of the charges at
issue. Woodland has not yet had an opportunity to submit a response to the
ALJ Opinion. And critically, the Authority's Commissioners have not yet
convened to review and consider the ALJ Opinion, any such response, and the
rest of the record to reach a final determination on whether to accept or reject
the ALJ Opinion's findings and on what punishment Woodland should face for
its conduct.
13. Regardless, the notion that this Court should give any credit to any
likelihood that Woodland could prevail in any proceeding concerning its conduct
at the licensed premises is now completely belied by detailed factual findings in
a proceeding in which Woodland itself participated.
WHEREFORE, it is respectfully requested that Petitioner's Order to Show
Cause be denied in all respects and the Respondent be awarded such other and
further relief as may be just and proper.
Dated: November 15, 2019.
5 of 112
GARY MEYERHOFF
General Counsel to the New York
State Liquor Authority

Counsel for the Respondents
By:
. M g ta Marsico
As ciate General Counsel
Office of Counsel
163 West 125th Street
New York, NY 10027
(212) 961-8318
6 of 112
At an IAS Par of the Supreme Court

of the State of New York, held in and for the
County of Kings, at the Courthouse ledated

at 36 Adams Street, Brooklyn, NY 11201
on . 0 j/, 2019.
P R E S E N T
Justice.
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
----- - - - - - ------------- - - -------------- - x
. : Index No. 512697/2019

In the Matter of the Application of
PRIME SIX, INC. d/b/a WOODLAND, ORDER TO SHOW CAUSE

WITH TEMPORARY STAY
Petitioner,
For Judgement Pursuant to CPLR Article 78
-against-
THE NEW YORK STATE LIQUOR AUTHORITY and .

VINCENT G. BRADLEY, in his official capacity as :
Chairman of the New York State Liquor Authority,
Respondents.
UPON THE READING AND FILING of the ann·==! Affinnation of Andrea J. Caruso
dated Noveñiber 2019 and the exhibits annavaa as well as the

11, thereto, supporting
Memorandum of Law, and upon the pleadings and proceedings heretofore had herein,
LG T
Respnndents the New York .State Liquor Authority
("SLA") and Vincent G. Bradley, in his official capacity as Chairman of the SLA, show cause
before this Court at the Courthouse, IAS Part 13 _, Room 360 Adams Street, Brooldyn, NY
7 of 112
I1201 on , 2019 at or as soon thereafter as counsel can be heard,
why a judgment and order should not be entered, pursuant to CPLR 2221 rearguing the Decisions
and Order dated October 30, 2019 and upon reargument:
a. prelimiñarily enjoining and restraining Respondents, and their agents, from enforcing
the Emergency Summáry.Order of Suspension issued on June 6, 2019 and permitting
Prime Six, Inc. to continue its status quo operation and use of its alcoholic beverage
i
license (serial number Kings OP 1251073); and
b. annulling the Emergency Summary Order of Suspension issued on June 6, 2019 on
the alcoholic beverage license issued to Prinie Six, Inc., serial number Kings OP
1251073; and
c. alternatively, maintaining the tempofary rastrajning order issued on which
restrained and enjoined from enforcing the Emergency Summary Order of Suspension
issued on June 6, 2019 and Prime Six, Inc. is permitted to continue its status quo
operation and use of its alcoholic beverage license (serial number Kings OP 1251073)
pending a determination at the begring before Administrative Law Judge, Harvey
Case No. 124447 and Case No. 134592.
a. such other and fù her relief as this Court may deem just and proper;
I IS FURT ORD ED that, ending he ing o the in ant motion to reargue,
Re nd their ts, are tem orarily restr and en ined from en reing ergency
'
. Summary O Suspensio issued o e 6, 2019 Prime S Inc rmi ed to cont its
statu uo operation a use its a olic beve e license al num r Kings O 51073),
beu
{ f +his a4er ha. cdreo
[ /
8 of 112
GT this Order to Show

Petiti0ñct shall serve a copy of
Cause, together with the papers upon which it is based, on Respondents by NYSCEF and memight
ma jts on or before November /Ó 2019; and
ENTER.
9 of 112
NEW YORK STATE LIQU0PcAUTHORITY .
. Heáriríg Burea.0
163 West 125 Street .
New Vork, New York 10027 . .

_____.------____-----._.------------ ----- ----X
IN THE MATTER OF PROdÈEblNGS TO CANCÈL OR REVOKE
Serial Number: 1251Ò73 KiNGS OP 1251073 .
Docket Number 1435-2018
Case Nurnber 124447 .
Licensee Priine Si , inc., d/b/a Woodland

242 Flatbush Avenue e/kfa 76-78 Sixth Avenue
Brooklyn .New York 112Ú
Principal: Akiva Ofshtein

95Jane Street .
Ne#Yòrk, ÑewtYork 10014
Licensed Premises: Woociland

242 Flatbush Avenue, a/k/a 76 78 Sixth Avenue
Brooklyn, New York 11217
___.._..---,____________._...- ..- ---------.------X
BEFORE: Rosanne M. Harvey, Administrative Law Judge
Hearing Dates: . Maÿ 29, 2019, June 8, 20 9 August 20, 2010,

and Septernber 9, 2019
Hearing Location New Yor Ótate Liquor Authbrity

Hering Bure u
163 West 125thstreet
Nev/Yofk, NT 10027
Second Amènded s.
Notice of Pleading: May 29, 2019
Attorney for Authority: Margarita Marsico, Esq.
Attorney for Licensee: Lee Jacobs, Esq.

HeIbraun Levy
110 William Street, Suite 1410
New York, New York 10038
10 of 112
Licenspe: Prime Six, Inc. d/þ/a Woodland

Serial Number: 1251073 KING.8 OP 1251073
Case Nurnber: 124447
Docket Number; 1435-2018
Licensee Present: Yes (all

bearings)
Authority's Witnesses:
Mày 29, 2019 .
Edn Côstello
Susan Jabobs
Si i Larsen
Mandý Wynn
Labren Warwick
unei8, 2Òi9
Tirn FuÎlefton
SLA Inilestigator Latasha£lanton

NVPD Òff cef Anthony DiMlchele, Shield No. 430
NYPD Otitcer Umid Karimov, Shield No. 24026
July 24, 2019 . . . .

SLA Investigator Matthew Davis
August20, 2019
SLA Investigator.Matthew Davis
Licensee's Witnesses: None . .
Others Present:
May 29, 2019
Logan Helbraun
Grossman, Levy, Law Intern
June 18, 2019

Logan Grossman, Law Intern
Maya Petrocelli, Abrains LLPi
Esq., Fensterman,
Morgan Flores, Community Organizer for
The Black Institute
Gozde Celik, Research Intern, The Black Institute
Riki Gross, Comrnunity Liaison for
New York State
Assembly Member Jo Anne Simon
Megan Flynn, Director, Constituent Services for
1
Attorneys for Prime Six, inc. in a
pending Article 78 proceeding.
11 of 112
Licensee Prime Six Inc. d/b/a Woodland

Serial Number 1251073 KINGS OP 1251073 ..
Case Nurnber: 124447 .
Donket Number: 1435-2018
019 .
uly 24,
. .
Cheÿennè Conder Perry, The Black Institute
Gozde Celik, Reseärch intem, The Blapk Institute
Morgáh Flores, Con1munitý Orgänizer for
.. . The Blacli¶ñstitute
Psivkatross, Conimur ity Lieisòn for New York State

Assetnbly1VIembef Jo Anãe Simon
Gdtde.Chlik Research stern The Black Institute
Morgan Flores; Community Orgarii er for

The Black Institute
. Ri a G Cörfimshfi Liáisch oi New York State
oss,
Assembly Mernber Jo Arine Bimon
Authority's E>fhibits: NIay 29 2019

1. Second Arnendecl Nolice of Pleading
2. AériáI Photdgraph (Google) .
3. 311 Calliog (blue stickets.pertain to. Ms. Costello)
4. (A-F) Photös takeri bÿ the Authority's Attomey
5. Voñ1it phôto taken 4/21/10
6. (A-Q) Ba)çery Pb tos
. 7. Cheese Shóp(A and B) .
8. Muscle Maker Gril

. 9. DVD first 6 ph6los (from Ms. Warwick's daughter)
10. 311. Call (red stickers pertain to Mrs. Warwick)
Log
June.18, 2019 .
11. Prime Six Letter and Stipulatiöns, 04/02/11
12. Clanton lovestigatjve Report (left open tor production

óf 4 holar phötographs)
13. NŸPD Surrimoñs # 4441455467
14, NYPD Summons # 4441347105

15. NYPD cómplaint #2018-078-003736
16. NYPD Córnplhint #2018-078-003776
17. NYPD Complaint #2019-078 001118
18, NYPD Compláint #2019-078-000680
July 24, 2019 .

19. Investigator.Davis Report (03/20/18)
20. Screen Shots of Woddland
21. Photographs Printed from DVD (need accompanying
emails)
22. Photograph from Danielle Cochran
. .
12 of 112
Licensee: Prime Sillnc d/b/a Woodland

Serial Number 1251073 KINGS OP 1251073
Case Number: 124447
DoEkst Nurnber: 1435:2018 .
23. Photograph from Danielle Cochran

24. Danielle Cochran Email with attachments
25. Lauren Tesel Email with attachments .
26. Cochran Video
27. Thumb-drive: dancing
28. Investigator Davis Supplernental Report (04/11/19)
29. NYS Supreme Court Summons and Complaint
30. Email from USDJ EDNY
31. Superseding Indictment (Petrosyants CR
Brothers)
11-691
32. USDC Judgment CR-11-0591
34. Screen shot of SLA Corporate Ownership of Prime
Six, Inc.
35. Screen shot of license history
36. License Renewal Notice 2014
37. License Renewal Receipt 2016-2018
August 20, 2019

38. Rena Grossfield Affidavit
3k Lerner/Simon/I\/lontgomery Letter 06/17/19
40. Sarah Hafetz Affigavit
41. Loui Galdipri Affidayit
42. Caiõlyn Berman Affidayit
43. Muriel Erischer Uetter
4, Danielle ('ochran Edavit.
-
45. Laureri Denituk Affidavit
46. Lemefé.Czeislet AÑidavit
47. Stepheh R. Ettlinger Affidavit
48. Harry Lippitian Affidavit
49. NYPD Captairi Jason Hagestad Affidavit
50. Frank Câstelluccio Affidavit .
51. NYS DiŸi i n o o porationsÊeport: .
1 American Standard LLC
Hospitality.Group
52. NYS Division of Corporations Report:
Prime Sik Inc.
53. Woodland Twitter Posts
55. DNA info Article

56. 311 Call Log with NYPD Authentication
57. 311 and 911 Call Logs with NYPD Authentication
58. DEP Noise Violation
13 of 112
Licensee: Prime Six, Inc. d/b/a Woodland

Serial Number: 1251073 KINGS OP 1251073
Case.Number 124447
Docket Nùmber: 1435-2018
Licenseb's Exhibits: A. Google Map of Neighborhood (May 29, 2019).
Hearing Recorded: Digitally
1. That on 03/04/2018 the licensee failed o conforrn with all representations set .
forth fri the àpplication, é apliroved arñendrnents thereto; for.the or9premises
license andër which such license Was applied for änd issifëid, to wit:jem ifting .
dancing, contrary to application; all"caùse fordevöcation) cân !ation, or

suspe.nsion.of the license.in accordance with Rule 54.8 of the Rules of the State
Liqùor Authority [9 NYCRR 48.8] .. .
2. That dn 03/04/2618, the licenseb sufferedar perrnitted.he licer3sed premises
to becdriie disorderly in violation of subdivision 6 of section 100 ofxthe Alcohol

Beverage Control Law
3. That on or before 11/17/18, the licensee failed to conforn) with . at
represehfations'set forth In'the application, orappoved arhendments hereto, for

the on-premises3licerise under which isuch licenhe was applied for and issued;
permitted 'danóíiig end DJs, all cause for revocation, cancellation,, or suspension
of the liceñss in accordance with Rule 54 8 of the Rules of the State Liquor
Authorify [9 NYCRR 48.8] . .
4. That on or before 11/25/183 the licensee failed to conforrñ with all

representations âèt fbrth in the application or âpproved amendments thereto, for
the on premises license uhder Which such license Was applied for and iàsued;
perrnitted dancing and DJs, all cause for revocation, cancellation,.or suspension
of the license in accordance with Rule 54.8 of the Rules of the State Liquor
Authority [9 NYCRR 48.8). . ..
5. That on 11/17/18, in violatiori of subdivisiÖn'2 of section 106 of the Alcohol

Beverage Control Law, the licensee kept liquors and/or wines upon the licensed
premises in any container other than the original sealed package received
ap
frorn the manufacturer or wholesaler.
6. That on 11/25/18, in violatioh of subdhiision 2 of section 106 of the Alcohol

Beverage Control Law, the licensee kept liquors and/or wines upori the licensed
prernises in any container ather than the original sealed package as received
from the manufacturer or wholesaler. .
7. That on and before 03/28/19, the occurrence of noise, disturbance,

misconduct, or disorder in the licensed premises, in front of or adjacent to the
licensed premises, or in the lot of the licensed prernises has resulted in
parking
14 of 112
Licensee: Frirne Si Inc. d/b/a Woodland .

Seriâl NuiTiber 1251073 KINGS OP 1251073 . .
Case Numbgr 124447
DocRet Nunibér: 143522018 .
the Ifeerised premises becoming a point for police attention all cause for
foc&
revocation 6âncellation or suspension of the licerise in accordånce with Rule
36.1(g) of the Rules of the State LiquorAuthority [9 NYCR 3.1(q)].
8. That ch and before 03/28/19, in violation of s@divisions 1 and 3 of section

118 of the Al o661 nevêra e Control Làw thers häs existed a sustained and
continuing patterp of noise disturbance, misconductµor disofder ori or about the
.licensed premisek related to the operati0n of ttfe premises or the conduct of its .
pattons, which adversely affects thë1healthwelfare or safety of the nhabitants
of the atea irhttubh theederised premises are 1.ockfe
and its agents ar)d ernployees, hps violated Rule 54,2 at the Rules.of the State
Liquor Authority 9 NYCRR 48. ] in that the licensee has faHed to exercise
adequate supervision p ér he contiuct otthelicellsèd business; all cause for
revôcatidh½cändellatióh or. susp¼rision of the license in accordande with Rule
36.1(f) of the Rulês of the State liquorAuthority [9 NYCRR 53.1(f)].
10. That the liceriseeinade its license availähle to a person not specified in the
license in that the licensee perrnitted Zhan Petrösyants and Rqbert Petr0syants,
. persons not aûthorized by the State Uquör Authority, to avail itself of the license
privilege frpm pn añd before Q3/28/19 allzaüse foprevochtion caricellstión, or
suspension of t‡e license in accordance with section 111 of tlje Alcoholic
. Beverage Control Law.
11. That on and.beforé 03/28/19, the libensee principal Akiva Ofshtein engaged
in certain conduct, to wit knowingly permitted .Robert and Tharr Peirosyants to
manage the licensed prernises when he knew or should have known that 'said
individuals were charged and later convicted of fedprál crimes invol ing moral
turpitude; and that the foregoing conduct Was of such impropei nature as to
warrant revocation, cancellation, or suspension of the license in accordance with
Rule 36.1(n) of the Rules of the State Liquor Authority [9 NYCRR 53,1(n)].
12. That on and before 03/28/19, the licensee violated Rule 53.1(I) of the Rules
of the State Liquor

Authority [9 NYCRR 48.3), in that it did not comply with any
condition, stipulation, or agreement, upon which any license or permit wás issued
or renewed by the Authority or upon whieh any ap licátion for removal or .
change, or permission authorization, or approval, was granted by the Authority;

agreed to not play music dr use the stand-up bar in the backyard, among other
conditions all cause for revocation, cancellation, or suspension of the license in
accordance with Rule 36.1(f) of the Rules of the State Liquor Authority [9 NYCRR
53.1(f)].
15 of 112
Licensee: Prirne Six, Inc. d/b/a Woodland

Serial Nuniber: 1251073KINGS OP 1251073.
Case Number: 124447
Do Ret Nuniber: 1435 2018 .
11 That on end beföre 03/26/19, the licensee violated Rule 53.1(f), the licensee .
failed to comply 'With coñdition; .stipulation, or agreement upon which any
ariy
licerise Por peEmit a issued or renewed the Authority or uporewhich any
by
applicetipn fortemóýäl or a teration of a lidensed prernises,.endersément of a
license pefinit, cörpotatte change or pet nission sutherization, ðr approval wás
granted the -- licensee failed to refum rear yard stand license
by Authority up
uses the St. Mark's emergency qxit door for non-emergencies all¡ cause for
revocatiori, cancellatiðn 0; suspeñsion :of the license in accòrdance! with Rule
38.1(f) of the Rùjes éf the State Liquor Authority [9 NYCRR 53 1(f)).
(SLA eshilSitd) .
STANDArtD OK RBVIEW .
Sustairiing a chargë in an dministrative proceedirig requires a record to contain

evidence,"
."substantjãI SAPA § 306(1), which is less than a pfepdn erance of
evidence. It requires only that there be enough "relevant proof as a teasonable
reliid accept as adequâte to support a conclusion or ultimate feict In re 25-
may.
24$afé ÒOncerto ft¢ v. New York.State Liquor Authority, 65 A)D 3 260, 265
(1st
Dept.
2009[(citing 300 Gramatan.Ave. Assoc. v. State Div. f Human Rights,
45 N.Y.2d 170, 180 81 (1978)); see also S&R Läke Lounge, Inc v. StatfLiquor
Authority, 87 NY.2d 206 (19.95) "The question .. is whether a conclusion of

Jogically."
ultirñáte fact m.ay be extracted reasonably-‡robatively and City of
Utica Board of Water Sti iply v. New York State Health Depailment, fJ6 AD 2d
710 (1983) (citations omitted).
'
In addition, hea say evidenot can b.e the basis of an adthinistrative
determination"
and, if sufficiently probative, it alone may constitute substantial
evidence See Matter of Caté Lä China Corp. v. New York State Liquor Authority,
(1st
43 A.D.2d 280 Dept. 2007); see also Matter of Horne Run KTV,.Inc. v. New
York Slate Liquor 2016 Op. 5834 (14 Dept. Matter of
Authority, Slip 2016); Gray
v. Adduci, 73 NY.2d 741 (1988), and Matter of .Hoch v. New York State
Department of Health, 1.A,D.3d 994 (2003)2.
Finally, to the extent that the resolution of the charges hinges on the credibility of
"
the witnesses, . . [the fact finder), in making a credibility determinhtiori, maý
witness'
look to 'witness demeanor, consistency. of a testimony, suliporting or.
2 The root of hearsay under Administrative Law has its genesis in CoñsojiGated Edison
flexibility
Co. of New York v. National Labor Relations Board, 305 U.S. 197 (1938), "[t]he statute provides
controlling.'
that 'the rules of evidence prevailing in courts of law and equity shall not be The
obvious purpose of this and similar provisions is to free administrative boards frBm the
would'
compulsion of technical rules so that the mere admissión of.matter which be deemed
incornpetent in judicial proceedings would not invalidate the administrative order... But this
far:
assurance of a desirable flexibility in administrative procedure does not go so as to justify
orders without a basis in evidence having rational probative force. Mere uncorroborated hearsay
"
or rumor does not constitute substantial evidence
7
.
16 of 112
Licensee·
Prime Si Inc. d/b/a Woodland
Serial Number: 1 51073 KINGS OP 1251073
Case Nurnber: 124447
DockettÑúniberi 1455-20ï 8
%
corroborating evi lence, witness motivation, . . . and the degree to v hich a

witness'
comports with cornnhon sense and human Dep't
testirnony experience.'f
of Correctión v. keet, QATH Index No. 254104 (Jung 3, 2004), agd,.NYC Civ. .
Serv. Gornrifn Item No. CD05-66 SA (Septernber 14, 2005) (quoting Dep't of .
Sanitation v. Metizies OATH Index No 678/98 st 2-3
(Februarÿ $,d998%.añ'd
NYC Civ; Serv. Cómm'n Itein No. GD98-101-A (SepternberS1998)).
PROCEDURAL HISTÖRY
onetime before May 29 2019 the New Yorl State).iquornithòrity (thé

"Authority"
"SLA") Eõmriiented thls admiriistrative proceeding by Issuitig and
. laj[[n the Ljcgn tLa P_]êadin&EhicKit .twic amendéianost . ..
re.cently on May 29, 2019, in accordance with the Authority's standárd practices.
(SLA Exhibit 1) On May 29 2019c the ûndersigried presided oyer a headng,
during which the pnncipal of the Licensée Prime Six .Inc., Akiva Ofshtein, . .
GLiiity"
entered a plea.of Not thall chafges
On May 29, 2Ó19! during a tkief confereÓce with counsel, the Authority agreed to
withdraw Charges 1 and 3 to avöid duplicatión because they gre included within
Charge 4. In addition, the Authonty indicated tliat itiñtended to withdraw Gharge
2. Finally, the Authority agreed to withdraw Charge Sc becatise it, toocis included
within the allegation -of ,0harge.6Parid thus, would be du cati e éf Chargefi
Howpver, by emardated May 29, 2019, after the heärin häd ended, the
Autherity's courisel sought permission to retain Charges 1 and 2 concerning an
incident that had occurred ón March 422018, explaining that she had relied upon
the Licensee's counsel's (Mr. Jacobst) erroneous representation that the charge
resulting from that incident had already been fully fitigated
At the outset of the June 2019 the undersigned; and counsel

18, hearing
discussed pleadirigs in an earlier disciplinary proceeding. Ms. Marsico noted that
contest"
the earlier proceeding had been resolved with a "conditional no plea that
had been accepted by the Board of State Liquor Authority, and had the pleädings
and the settlement as proof which I briefly perused. Although they were riot
admitted into evidence, Ms. Marsico did not reveal the dates of the pleadings or
the charges with even a .modicum of clarity. In any event, the conference
corícluded with .Ms. Marsico's request to retain only Charge 2, which was
granted Ms. Marsico was directed to prepare a Third Amended Pleading .to
indfydtL‰9âQ$bg.4arg â 4Whrnitand-sage-iLao»latsthahluae-2.1
2019. As of the date of this decision, Ms. Niarsico still has not submitted a Third
Amended Pleading. Therefore, l am compelled to decide the charges articulated
in the only pleading on record: Second Amended Pleading.
On August 20, 2019, the Authority rested, and the undersigned scheduled
September 9, 2019 for the Licensee to begin its case; rather than present his
case, he sought an adjournment.
. .
17 of 112
Licen ee: Prime Six, Inc. d/b/a Wopdiand .. . .
Seria Nufñberi 1251073 KiNGS OP 1251073
Case Number 1 7
Dockêt Nufnber:.14 5-2018
Licensee's Adjoutmbent Request .
Although i66 LÏcenhee eÈpeared on September 9, 2019 he was unprepared o
prodee0and insfeädýspúght an adjdufnment evpn though the Licensee añd his
attome had ìñäfe thafi three moñths to. prepare defense. uhsel was
réíhindèd that án adjoummerit request requires the applicânt to séék the felief rio
later than thtêe days bqfore the hearing áñd shov good cause, and was
direeted to consult ule 54.3(f) of the Rules óf thdState Liquor Aüthority, which
states,:"no hpplicatioh for an adjournrnent of a heffing shall bé grarieEežcept . .. . .
for §õõ0cãuselhEwn È coiinsefhould hpf estebli h littleYnote3han his

unpreparednessdstêriarn ng from spriepof eyënts dibeit ürifÑtüñãle t.hei
e he s h tua n ikto w with an nean ofgL
. ...
evidence, nor equätèd to good cause tö adfaurn the heanng
Specifically, Mk cobs ekplained that he sotight an adjoumrneHt becatee on

cháhge"
Friday, September 2019 (three days3before thesheaftip) a "persopriel . .
within hisgirm had qccurred whén hjs. litigátion partner suddênly and Without
waming resigned He claimed that this abrupt and ugiexpected incident$stheted

hié avêilability to present his client s case. Alzhough he córfòeded that he is n6t a
sóIo prácticher, He noted inát his two férnaining partnërs còill not rnanageCthe
resigned partner's cases or appear at this hearing because one was out of tówn
and the other is inot a fitigator. When questioned .he adroitted that he had no
need to appear tiefóré dther tribunäls on Beptemt ér 9 20¾9 or during the week
"öover"
to the resiened partner s ca e . .
Mr. Jacobs admitted that he did not have any witnesses available to testify, He
noted that the tjicensee's inanager, Pedro Yamasakix was not scheduled to
testify on Septernber 9, 2019 tiedause three 6ther wittiesses wëfe schedùlëB fo

appear and to testify. But, he learried sometirne on Saturday, that all three had
changed the positions and were no:longer willing to testify, preferririg instead to
submit affidavits. ML Jacobs indicated that he wòuld predent their testimony in
affidavits but was unprepared to proffer them becausè he hâd not yet rnst with
the witnesses. He mentioned that he had planned to meet with and prep these
witnesses on Sunday, but without any explanation declined to meet with thern
even though he had the opporturiity to piepare their respeótive affidavits in lieu of
their testimony, aríd to bégin the Licensee's case by. presenting those affidäWts .
today.
=lffTdfiftitriTWIWri7te"Ira"lWde"6T5ÈKri"diftisf1UE¶ifeEWit3EssETWeTn"ootioil
to testify, he admitted that neither he nor his client made ariy effort to contact Mr.
3 Rule permits the Aciministrative Law Judge to find good cause to adjoum a matter upon
54.3(f)
the grounds that licensee's attomey is actually engaged in a court- of record, upon the
presentation of an affidavit of actual engagement by such attomey.
19 of 112

Serial.Number 1251073 KINGS OP 1251073
Case Number 24447
Docket Nurnber: 1435-2018
Yamasaki and to produce him. As a result, Mr. Jacobs and his clierit appeared
empty-handed, wi‡hout witnesses or affidavits, and cleàrly unptepared!to proceed

to the heafin Indèed, othershan offering the subniission of docuineáts that Mr.
Yelp'
Jacobs described as some newspaper articlei, and revews, counsel was
not prepgred to go forward ahd to present the Licensee's cass iii Uny meaningful
way. .
Although thesh circumstar ces explain the s tuation, théy did not arnotmt to a
legallyWiid easbMor. good causedto adjourn ths hearing partiöularly be#aúse
the Liceñsee an(his aftõrney,. sincePfate Maynhad the opportunity tu createt
strategy nd prepared for the preseritàtion of a defense.
Acçordingly, I found that the Libensee hád not established good cause¡to adjourn
the hearing as required by Rule 54.3(f) and denied his adjournmeht request
Althoifgh the I icensee forfeited his ñght to present a defense, he retained the
right to preserit a pöst-trial ubñýssiòn discussing the Authority's evidence and its
probative vá1ue. Neither the Authority nor the Licensee did so.
BASED UPON the testifnony and record in this .case, the Administiative Law
Judge rnakes the'foll0wing findings of fact and opinion.
FINDINàS 0F FACT
AUTHORITY'S CASE
1. Introdu.ction . . .
In this matter, the'Authority seeks to discipl ne the Licensee Prime Six, Inc
namely its principâí, Akiva Ofstein; for allowing Woodland, the libensed prernises
to become a nuisance allegedly caused by excessive noise and the offensive
corlduct df its patrons suffered bÿ those wlto reside in the immediate area of
Woodland, located at the córnef of Flatbush and Sixth Avenues in Park Slope, an
historic brea tf Brooklyn, New York. Thë Authority's evidence focusps on this
intersections as well as Sixth Avenue and Saint Mark's Avertue, wl ére many
complaining witnesses reside. Visualizing the area eases an understand.ing of
the testimoný ánd docdmentary evidence, specifically, the NYPD 311 ball Logs.
The reader may refer fo a Google Satellite Photograph of Wo0dlandc two Sixth
Avenue photographs depicting the façåde of Woodland and the structure it
occupies, and a photograph of Saint Mark's Avenue, all admitted into evidence
and noted as SLA Exhibits 2, 4A, 4F, and 8.
II. Evidence . .
Erin Costello
Since December 2017, Erin Costello and her two teenage children have resided
in a duplex apártment located on the second and third floors of a three-story
brownstone situated at 59 St. Mark's Avenue, Brooklyn, New York, The building
10
18 of 112

Serial Nurnber: 1251073 KINGS OP 1251073 .
Case Number: 124447 .
Docket Numiser: 143È-2018
ses" "bar"
is around the comer frdm the 1.inensed Premises, Wpodlantl ("prem
or "Wo6dland") and her aparthiefit; particulahye her parlor floor deck overtopks
and is in lose tö an outdoo,r patio used by Woodland‡, a cessible to

prexiitiity
W0òdland patrons throuáh its rear áqr. She exaru r)ed a satellne phqtograph of
.her residenpé and the ifnmediate area thef the Authority obtained freni Google
Earth. Sh identified her apartment by marking it with £er house nu;mber "59",.
then she4identified and öircled her deck and Woodland's patio with a red pen. .
The photograph also identifies the address of Woudiand, 242 Flatbush Avenue,
and reveals the patio in cipse proximity to Ms. Cõstello s home. (SlÄExhibit 2)
During the spring 20 8, Wöodland kegan uàing the pati , aócesbil le to its
patrons throiigh its rear doors. But, when the deors3opened or remained open
she .could hear W0òdland's music aritl the DJs within, as welbas pther noise
emánatin§ frorrithe bah She and her family heard all combinations pt that noise
in everý room of-her apartment, even when she had closed the yindbws during
the sumnler rnonths in fadt, the music was.so loud that it disturbed het sleep and
awakeried her teenage .children. Jo add Ïnsult to this indignity, neither she nor
. her kids could get16 sleep again, which presented à problem for them .on .schppl
days. When asked to describe the sleep disturbance occasionêd by the
Woodland noise, Ms. Costello conceded that she and her family do nbt hear the
Woodland noise every night, but when it is aud.ible, she and her childrea have a
hard time gettin§ tò sleep, staying asleep, and returning -to sleep.
During the vJeekends when öne anticipates the relaxation oitered by a quieter
page, the disturbances became more intrusive and acute. She explained that
during the weekends, Woodland offers a two-hour "bottomless br‡nch , and

allows patrons to obnsurne unlimited arnourits of for two-
alcohol, pstensibly, p
hour period, all of S/hich she described as a "brunch party". When the;rear doors
are open, she. and her family can heer the ratisic, the DJ, and the Empipyees
talking touçly to be heard above the deafening rnupic n a.ddition during these
brunch parties she heárs the patrons being very loud, but reiterated that the DJs
are the source of the most offensive and intrusive disturbances becau¼e they are
so loud that they can be.heard in every rogrn of her apartment. Fi ally, even
when Woodland closes, it still insinuates itself Into her household, as she and her
family can hear the employees late at night cleaning the venue, malting lots of
rioise and shouting with no regard for the residents of the area. She described
rnusic."
Woodland as a "loud restaurant with loud When it is open, she cannot
open her windows because of the noise.
Apart from the noise, she elabora ed on other disturbances that Woodland
"doggie"
causes. Ms. Costello has seen its patrons exiting with food bags
"Woodland"
embellished with the name and steadying others as vomit into
they
4 "patio"
Throughout the decision, refers to Woodland's rear garden. backyard, or rear yard.
11
20 of 112
Licensee: Prime Sipinc. d/b/a Wood and

SerialNumber: 12.51073 KINGS OP 1251073
CasaNtkñber 124447
D6áRètNumber: 1435·-2018
the'
the- which occurs more so
street,. régularly during weekends, during sthe
warmerSmonths s. Costello first db elved thi.s coñduct during the spring cyf
2018, notiffg its c ntiñuanbe through th4fall of 20t8 and resÜming irithe spEing
pf 2019. Slie had seen mâny frieBriated paÈolis feavinÒ Woodland and vpmifing
as welbas street ibhts, which she witnessed from lerWdme he explairied hat
around 7 00 ICwhen biunch ends, the exiting patfork 6 come r6wdy, loud
and cornbative bften necessitating a pBlice response, which she had also
witnessed
Ms. Costøllo called 311 to portithe nolaellisttirbances åtleast thittý to Yóity

tififes siribe the shririg of 2018 when the n ise3ecarne intfusive She identified
EnvironmentalCöntrol oard ("ECB") investigatofs entered her home to measure

brunch"
the decibel leveFof the nbi e during the Woodland?"bottðibless art a.
Sunday dfttinoori Around 4 0 . IVls, Öostelio observed the investigatNs fäke

two readings Fir5t; they epened het door fo the deck á141 measured theslecibel
level while remáinirfg in ths apartniént after whiéh the inspector directed .
Woödlanti to tumioff the musid Upon his return, he agaiñ riheasured the decibel
level, shd told Ms. Costello that Woodland was in violatiöâ based on the noise
reading differentiål
Ms. Costello als testified about sidewalk conditiòns whenëver Woodland hosts
itS "bottonitess bn nches"; describiñ0Sikth Averïue asirnpassable dtle to the
long line of patrohs waiting to enter that often ends at the corner of nairit Mark's
Avenue and Sixth Avenue. She added that thé sidewalk becornes so crowded
and congested that the pedestrians hãve no choice but to walk.in the street.
During cross-examination, Ms. Costello. reiterated that her apartment on Saint

Mark's Avenue is located on. a quiet residential block, syrrounded by a
commercial area, where Woodland, and other bars are located. She identified the
location of her residence and the NYPD 78th which is one
Woodland, Precinct,
block from Woodland, on.a inap of the area downloaded by the Lic4nsee from
Google Mkps. (Licensee é×hibit A)
Ms. Costello adinitted that other restaurants and bars surround Woodland,
specifying Bleachers and Sugar Cane. Although she hears the music frorn these
bars as well the Woodland noise is worse and rnore intrusive as it awakens her
n™Tl ÏÏlf8Ñl l3EcTu"cTEEoWWiÑcTBWs-aT¶te"Tid icFIETetfiffih
addition, because of her close proximity tó·Woodland, she can ideritify Woodland
as. the unmistakable source of the inusic. She has seen Woodland patrons
dancing, as well as DJs within Wo.odland, whorn shé has obterved whenéver she
enterë the bar to. request the rnusic volume to be lowered. She pointed out that
when Woodland acquiesces by closing the rear doors to the patio, or lowering
the music volurnb, the sound becomes tolerable. But, she added that she had
12
21 of 112
Serial Numben 1251073 KjNGS OP 1251073 .
Cape Number: 124447 .
Docket Number: 1435-2018
been forced to âsk the police to intervene and to demand thát Woodland lower .
the niusic Volume
Susan Jacöbs
For the past thirty-four (34) years, Ms Jacobs has resided in W brownstone on
Saint Marké Avenue, which she déscribed ás a quiet .residentiá1blocl linéd with
trees and brownstones. She also lives in close proxihaity to Wöodlanci on saint
Marks Avenue, between Fifth and Sixth Avénues, butcloser to Fifth Avenue.
Sometifne duriñf2011, she learned from neighbors.that Woodland WouljEsoon
opën in?ã epaõë pfe¼ibusly obsupied y a vided store. She believed that the
State Licjuo Authoritý had requireci Woodlarid to comply with certa n coriditions .
in connebtlor with the issuance. of its liquor license. During the eriod 12012
through 2014 Woodland opstated ajesfàúrant/ber, bu he wondered viliether

Woodland would stin/ive bebause'it djd nofseem to áttract patro'ns.
rnany
brunch"
But, then, Wood and.introduced its weekend "bottomless servibe,.starting
in the morrtirig on Saturdaÿsiand -Sundays, and pontinuing through thë day and
the night until the early hours of the following rnorning). Be ore Woodl nd bffered
a brünch service the neighborhood was qdiet, but after it began, Nis. Jacobs
noticed noise from the Woodland's patio during weekend aftemoons, knd as s'he
walked past Woodland, she. continued te hear noisesand âusjo as. she.
approached henhonse, close lo$ifth A ërtùe. Specifl¾ãl she rioted tliat the
music pláyed at a deefening volume, and thatsit and the din ofjoud voice$ could
be héárd at she äpproached her home, as she.turried off frorn'Sixth Avenue and
Saint Mark s Pi ce all the way to Fifth Avenu.e. She added that the deàfening
volume prevented her from using her Bell phons âs she walked õnlhe sidewalk
During the weekend brunch service, which occurs every Saturday ariid Sunday,
Ms. Jacobs observes a sidewalk in front of Woodland that is so crowded \vith its
patrons that it often becomes impassable, requiring pedestriarts to walk on the
edge of the curb or fri thé street. She added that the line to enter starts at the
Woodland eri rance and greeps Sixth Avenue to Saint. Markis Avenue
along
where it turns and creeps toward Fifth Avenue. To make matters worse, the
patrons re partýing while on line specifically, Ms. Jacobs has.obser†ed crowds
of patrons waiting on line to enter Woodland and on
yelling speaking very loudly
the sidewalk in front of Woodland and other estabUshments, while the music
playing inside is at a deafenirig volume, audible on the sidewalk.
Although she has also seen patrons intoxicated on those she

visibly lines,
adrnitted that she has not seen patrons vomiting. Drunks in front of her home
have disturbed her at 3:00 A.M., but Ms. Jacobs could not with
sleep say any
certainty that they had become intoxicated at Woodland, as she surmised
merefy
that they had done so because Woodland is the bar open at that hour
only
13
22 of 112
Ucensee Prirñe SiK, inc. d/bta Wopdland

Serial Number: 1251073KtNGS OP 1251073 .
Case Numberi 1%4447
Dacket Ndniber: 1p3M018
Ms. Jacobs reviewed photogral5hs. She explained that the first photo depicted
Sixth Avenue and identified Woodland aâ the establishníênt to the immedidte
right of the yello¼ striped awning. Shë alsbidentined the pölice precinct as the
only large ivory-ciolored building beyond Flatbush Avenue (SLA Exhibit #A) The .
next photograph tured the image of the intersection of Sixth, Avenue and
Sáifit l\/lark's Ave ue She noted that Woódiand is adjacent to the estâblishrnent
with the yellâW st ped awning. (SLA Exhibit 4C)
Ms. Jacobs explained that the next photograph captured the image of our bays
at 65 St Marks(Avenue, eround the çornerjrorn Wgodland Onlythrne bâys
containëd éá agWdiiõre the lãst one onfained à black door end net a gärage
. .. .. donr2(nt
op) _)yM as ékë±iWoselanggr‡kyop±gto
black dobr for.deliveries. But she has also observed ehipbyees smpking at that
door, and pation¼ using that doöf tò exit Woodland. She specificglÿiecalled an
incident oecurrinfdurine the sumrner of 20183 She änd her hustsand saw three
women exit ffòfn the $Iack doo.r They were all d urill, b t bne more so thàn the
other twoe who held her up, and guided her to a tree pit where she urinated in the
presence of Ms. Jacobs and her husband. The last photograph 49picted the
black door and tI e three garage bays oñ St. Marks Place. (SLA Exhibit 4E) Ms. .
Jacobs added that the Woodland patio is behirid the gärage bays depicted in the
photograph rharked as SLA Exhibit 4r, .
Ms Jacobs ecaped a neeting sometime during D cember 2017, atte ded by

.("I-icerisee"
the Licensee; Aklva Ofshtein, or "Mr. Ofshtein") arid the Cominunity
Board5
to addrest neighborhood pomplaints of noise and crowds. Mr. Ofshlein
represented that he would increage the. number of suards on duty.
security
Jacobs-
Although imrriediately after the meeting Ms. and others noticéd an
increase in secu ity guards, the Licensee did not keep tó his word or h6nor his
representation as the increased number of security guards dwindled to its sparse
arnount, Ms Jacebs has not seen them since their one time appearance.
During cross-examinatiòn Ms. Jacobs explained that she gbservÓd a brief

improvement in cbnditions after the December 2017 meeting, which the Licensee
did not maintain, ias the quality of life in the immediate area once àgain became
scenes"
probleniatic becapse of the crowds, which she described as "mpb and
. the lack of security, or effort on the part of the Licensee to control the
any
crowds. Indeed, after Wls. Jacobs stagged seein increa¼lhnsgce.of
ciRiffitTal3s spourifýWârowds, theiTil riTpilve Ï5ehavior, the music volurne,
and traffic congestion all increased. But, since the exodus of the additional
security guards Ms. Jacobs has seen a police car parked on Sixth Avenue,
occasionally with a police van. She conceded, however, that she has not seen
the police take any formal action to control the crowds, other than a lone incident
of subduing a fight.
5 Throughout the decision, Board to Community

Community refers Board Six.
14
23 of 112
Licensee: Prime Six, Inc..d/b/a Woodland .

Serial Nurnber 1251073 KINGS OP 1251073
Case Number: 124447
bacléet I)lumbèr: 1455-2018
Ms. Jacóbs also rfeted that during her year period of residencýc the area
thirty
hás at aye ad a number of restaurants and barsCShe also admitted that she
assumed th t people whct had disturbed her als:00 A.M. had been Woodland
patrbns, desi5ite: the nun)ber of bafs and restaurants in the imme liate area,
becausé Woðaland is önly bar open 'at 3:00 A M And, 9 ith r ect to the
three drunk girl0 two f ùÚo 1held a third so that shb doùkl u iriate, 191s. áacol s
admitted that she as umed that ey had t exited Woodland because she saw
jy
them exit the Woodi4nds black 8 or.
12aureri arwick . ..
Foremo thán twenty years; since Februery 2008, Ms. Warwick has .resided at
60 $ aWs Avenue ooldyñ New Vork betWéeh Fifth and Sixth Avenues. I er
horné is elóser to Sixth Avenue arid directly across Woódland'sfear bladk door
sitüated afnong the garages near the corher of Sixth and St Mätk Avenues.
She resides With her husband and three children.
Ms. Warwiók àIso recalled¶hat1intil 2011, a video store occupied the p resent site
of Woodland. Sdmetime during or after 2011, Woodland opened as very quiet
restaurent, noticeably lackih I pätrons in fact, Ms. Warwick recalled that the and
her husband wonderëd hav Woodland would survive as i never seenied to have .
ariy business. But ebinetime during 20 2 Woodlafid stianged its pération ànd
busiriešsinodel Becorning a lbud venue with lots of partying both witlyiri and
outside And, through the years, this activity has become worse.
progressively
Ms. Warwick focused her attention on the period beginning in January 2017
through the present She explained that the activities at Woodland tontinue to
disturti her ánd her farnity primarily during the weékends. The didturbances,
includirig deafening music, begin during the late rnoming on Sattirdays and
Sundays when Woodland oneth à Bottoraless Mimosa Brunch,". whiçh starts at
the lurich/brunch hour and continues through the day and evening into the night.
The brunch service is embellished with rríusic so loud that is Is audible in her
home, with large noisy crowds.waiting on the sidewalk for hours se(king entry, .
and just as many exiting, eq0ally noisy, but drunk. Ms Wprwick has
Indeed,
observed many exiting päfrons so drunk thát they can neither.walk ndr stand up
She has also observed patrons exit Woodjand and vomit on the sidewalk near
herhome.
During the weekend brunch service, the line for entry becomes so jong that it
extends across Sixth Avenue and curves around onto Saint Mark's A¼enue. She
pointed out that the line moves slowly, crowded with patrons, who become rowdy
and loud, adding that the interior of Woodland is also extrerriely crdwded. And
when the brunch service finally ends, the sidewalks are full of vomit adcÎ garbage.
24 of 112
Licensee Prime Si Inc. d/bla Woodland

Gerial Number 1251073 KINGS OP 1251073
Case Nurnber 1p4447
Dodket Nurnber: 1435-2018
She added that )he music, the DJs and the patrons are all so joud Jhat she
cahnòt open he windows. Ms. Warwick explairied that frem her apattnient
windoÝ/s sh w s able..to ideMify WóÓdland ás the shutce f the deäfening

noise 18 additior( becaµse the Woodländ fagade is all glass, she has notjced,
when passing that the hatrons are padked within like eårdines. She also hears
patrons screernipg and feels the póQnding, púIsating rnusic. And älthdugh
Woodland e ituhllý closeë, the noish does net end, as the exiting patrons ate.
very loúd ánd ro dy.
Wis.Wàrwick rev evZgd jphotograph of the gárages thaÊco iÖe bays, eur of
. Which are irages anchone is a black door thàt provid s access to Woodland
sideP (SLA Exhibit .Ms. Warwick has observed WooSiland patrons

4D)
congregsting hangirpent in (bet area. She has Wó obsehled Woõdland
an†
employeek con regäting there and making a lot of néise àbout which NIs.
Warwick has conjplairied to Woodläñd..
She explained thbt many exiting patrons often wal.k along Sixth Avenus ârrd turn
the comer onto $akit Mârk's Avenue. Because her home is at t(at orner she
has observed 1ightirig in front of the garages. She recalled one incident during
which she and her daughter then eight years of age, had turned he comer onto
Saint Màrk's Avenue önly to walk into a fight3he retreated and entered
Wõ6dland to re ort the ighting. Thë bouncérs emerged :and inforn)ed the
manager, Pedro about the incident.
She also shared her observations of Woodland patrons using the tree pits along . .
thé block including the one i0front of her horne, as receg5tacles for vömltirig,
urinating and defecatind. She has also observed Woodland patröns urinste ön or
between parked cars, and exit the establishment to smoke pot then re-enter.
Although Ms. \‡/aMick has reported her observations to the.. Woodlarid..
"okay"
rnanagèr(s), they are seemihgly with all of it, as they have done nothing to
address the issuês, preferring tcr ignore them. .
Ms. Warwick's ten year old daughter, while at her apartrnent window,
Bags"
photographed Woodlahd patrons carrying "Woodland To Go and balloons.
She also photogräphed a woman having sex with a man on the street w.hom Ms.
z
using it to contirtue drinking and to smoke pot. She took this action because
when she has asked them to leave, they became aggressive and threw garbage
at her
She has often observed people passed out on the sidewalk because they were
drunk and has called 911 seeking police and medical assistance. She estimated
. .
16
25 of 112
Licensee: Prime Six, inc. d/bla Woodland

Case.Number 124447
Dedket Number 1435-2018 .
making 30 to 49 .calls theh ¾dded that the frequency of her 911 cal s were too
numefõus to count. On :Decemi5ar 2, 2018 upon'returning home with her family,

the police had closed aöcess tcithe street She leamed from the police the fight
had started within Wöòdland and invölved Woodland patróns.
Ms. Wàrwick then related how the a tivitiÁ et Woodland have interfered with her
personal life, revealing that she no long sleeps with her hüsband in th ir15Ädroom
beca0se the deafening noise from Woodland interferes with her sleep. Instead of
being with her husband sh no Insps iri the rear of lier paffnienjWith h r
childreb who have älso abaridoned their bedrooms, because in2the rpar area of
the apartment the Woodland hoise is less intrusive, enabling them to hieep She
added that despité her repeated calls for police assistance, neither th!e Licensee
nor the pdfice have taken action as this assault as. her familyi continues,
anÿ
urichanged
Ms. Warwick has dedit with one principalof -thei Licensee, Mr. Ofshtein; his
manager Pedro, añd the Petrosyants Twins. Based on certain agicles, Ms.
Warwi6k learned that they are partners with Mr. Ofshtien; She has also observed
them enteririk and ekiting Woodland. Ms. Warwick could·not say whether the
article was eccurate.
Ms. Warwick learned from a friénd and neighbor that a Woodlar i em loyee v ith
toilet yaper, sat on.the iron rails that enelose a tree pit with a cig aretten and
defecated She learned that thè neighbor had a video of the incident ahd had
reported it to the police. Although the police had addressed the issue With the
owners of Woodland, the employee returned and repeated the in iélent. She
admitted that she. had no personal knowledge of the persori's empipyment at
Woodland. .
She also recalled that the owner of a blisiriess, Pur Bird, on the corðer of Sixth
Avenue and Saint Mark's Avenue had a sign on the front door, "TOlLET
5INK."
BROKEN BECAUSE PATRONS PROM WOODLAND BROKe THE She
also noted that the owner of Muscle Maker Grill, .the present location of
Cinnamon Girl/Red Mango Bakery, also experienced disturbances caused by
Woodlahd patrons, who used the bathroorn to smoke pot, get sick and leave
disgusting messes. She produced a photograph of the Muscle Maker Grill, that
she tdok and authenticated, which revealed that Woodland is .adjadent to that
location. (SLA Exhibit 8)
Ms. Warwick revealed the extent to which Woodland had affected her quality of
life. She is reluctant to entertain and friends because of the
family
embarrassment of feces, and vomit on her sidewafk, and the danget of fighting
and other disturbances. She has three daughters no more than teñ or eleven
years of age. Despite their young years, tafk about the bar,
they constantly fights,
. .
17
26 of 112
I..icensee: Prime S x, Inc. d/b/a Woodland
1Serial
Numbsp
1 51073KINGS OP 1251073
Case Number; 154447
Docket Number 435 2Q18
and. 5éòple von ting and getting so drunk that they cannot staride Ms. Warwick
exi:iressed hér obtr¼ge that her girls have beeriexpó1fed to deparable activities
làng befòte (1eyfwoúld be old enough to.understand them qqd inWssence they
hay6 been robbÅd of their youth añd inhòceride She stressed that sheindler
daughters can o longer sleep in their bedrooms, located at tlie front of the
ouse ar)d have move'tl thëir sleppiñg quarters to the rear due to the invasive
and deafeningindsic änd noise
During cross-exàmination MsxWarwick co deded that th neighborhooçl is alot
p rely edrnitted the presenöe of cornmercial establishments. .

residentia[
Since ;Aùgu$t 2017 M r. Fullerton and his wife have rented an apartnignt on the
‡ird fldor of a building located at 92 Sixth Âvenue, Brooklyn, New tork abotit
ene block fromWoodland .
Shprtly aftér taking occuparicye Mr. Fullerton and .his wife noticed .disturbing
activityr almost exclusively on Saturday and sunday afternoons, n östly.between
the hours of
4:0p
P M. and 6;00 RM , in the irnmediate area of Woodland. In
particular, they have noticed vomit ch their stöop an¿l elsewhere, änd people
fighting urinating in the tree pits and between or ori parked cars, hailging out in
cars; sitting in chrs and votniting into the from an open blasting
street cardoog
loudEusic in fr nt of his building and running from orfemide 0f the itreet to the
other in front of traffic. He added th# these disturbances occu all year long but
not duiing weekhights. He recalled a notable incident during which aøassenger
of a car parked in front of his building, vornited into the street. Finálly Mr.
Fullerton believéd that; these individuals came f rorrí Woodland, because heÿ
were walking fröm the direction of VVoodlarid and carried bggs with the Woodland
fogo, some of which were, left on. his stoop.. He added that these disturbances
occurred with nhore frequency and regularity during the warmer months, but
mostly on Surldeys. Mr. Fullerton has observed tràáh on his street and in front of
Woodlan.d
Mr. Fullerton often walks past Woodland, and during the days when Woodland
offe.rs brunch seirvice, he has observed fong lines of people waiting to enter and
he has heard thþ loud music playing within Woodland, he has also noticed loud
music from cárs arked or idling butside of Woodland. Mr. Fullerton
75kFio Te"dBTtFTifä 70 r b e fá7iCaT
Bleachers, but noted that only Woodland hás long lines of patrons waiting to
enter on Saturdays and Sundays
Mr. Fullerton spbke about these disturbances with his landlord, who took action
to muffle the intolerable noise that occurs on Saturdays and Sundays, by
installing doubfe-pane windows. Notwithstanding his landlord's efforts, Mr.
38
27 of 112
Licensee: Prime Six, Inc, d/b/a Woodland . .

Case ISumber 124447
Docket Nurliber; 1435-2018
Fullerton can stigliea the Woodland noise fro.m the music within and he patrons
on lihe, añd féeiFihe vibrátions caused by the volurne even though his windo.ws
are closed. .
About one year ago, Mr. Fullerton and fifteen other residents 6ttended a
Community Board Six meeting to express conpems about the Boaÿd endorsing
the Licensee s renewal of its liclüor Jicense. A representátive from thé Licensee
also aliended What struck Mri Fullerton was tháTperson's disrnissivè yeaction to
the complairits abbut flie rioiše, voñ1itin§, urinating defe‡ating and
many
deplóräbleAehavior of Woqdland patrons.on Saturdays and Stindays.
Mr. Fullerton revealed that liis wife is prpgnant and that the nd se raises
concerns"about and1nterferes With her health becauss the volume prevents her I
from sleeping arid getting enough rest lis neighbors are reluctaht to allow their
children lo go opt and play because of the dàngers raised by drurikkivers and
the conduct of Woodland's inébriated patronà. Mr Fullertorbhas filed several
noise cothplaints with the New Ydrk City Police.Department by calling $11, but as
of the hedririg date, he has not seen any.iniprovenient in the quality of:his life . .
During cross-exarnination, Mr. Fullerton clarified that he lives in the vicinity of a

comrnercial area with businesses and restaurants. He coríceded that another
bar/restaurant; Picante is across the street from Woodland, but could not say
with certainty that, it too, offers a Sunday brúnch service. He also boribeded that
the noise that he heatd does not always emariate from. Woodland Finally, he
conceded that much of the disturbances thát he observed lacked a connection to
Woodland. .
Ted Kirn
Since 2006 Mr. Kirri has resided about one block frorn Woodland. lb 2011, he
learned that Pritne Six. Inc. sought to open a new restaurant and ber and had
applied for a liquor license. Mr. Kirn and other residents viewed the_ Prirne Six,
Inc. website. They learned that Prime Six intended to open a "gentleman's
club"/steakhousë with bottle servicg end hafd liquor until 4:00 A.M. After yiewing
the website Mr. Kim and hisfeighbors concluded that this establishrnent was
inappropriate for the neighborhoc d Mr. Kirn did not have an opportunity td speak
at the State Liquor Authority 500 Foot hearing, but becarne involved with
Community Board Six that sought to support all new businesses. It3 therefore
out"
advised Mr. Kim and his neighbors to "work it with Prime Six. Mr. Kim
out"
believed that the issues had been "worked in a stipulatián between
Cornrriunity Board Six North haibush Community Board, and Prime Six. Mr. Kim
was not involved in the negotiations.
Sometime during 2012, after he believed that the stipulation had been signed,
Prime Six opened Woodland, and quickly ignored and violated the terms of the
19
28 of 112
Licenseé Prime S , Inc. d/bla Woodland . .

Sérial Number: 1251073 KINGS OP 1251073
Case Number; 124447 .
backethlumber 1!4$5-2018
stipulation as evidenced by excessive rtoise and employees smoking outside the

Saint MarkisiAÿenue exitr He recalled that soo.n after Woodlarid opened, man
residâhts compljine to Mr. Ofshtein . äbout .the excéssiue noise .
deafening
musici ar d open windows. Although the residents tried to cooperete with Mr.
Ofshtein,.their efforts prçved futile, as MrrKim learned that the residents Were left
withi no ol5tion ether than to plàce 311 nuisance ýalls to the police. The .
distifrbänces worsened in 2014 or 2015 whên. Mr. Ofstein introduced é
bottomless.brunch service on Saturdays and Sundays,
The residents ccintinued to phce 311 calisJrt àddifidn theylodéêdiomi5taints

with torrimunity Board Six abottt the disturbances and voiced their ópposition to .
..,theaengwatof5e gorkex4Me-Khreeë|ise-that- DGGd C
. . eñ¼mgdif
opposed the liquor license renewal based on the disturbances and residerit
complaints, as wpil as the attitude of Mr Ofshte.in, but the State Liquor Authority
ignored the concerns and renewed the icense. .
Mr. Kim organized rneetings with .the police at the .78 Precinct, the local
precinct.. Manydesidents attended to address quality of f.e issues. le. Kim
recalled attendin¼these meetings during 2015 and 2010, when Woódland was
the topic of disedssion. On average fifteen to twenty-five residents attended, but
no one.from Woddland ever did.
On December 11, 2011, Mr im attended a meeting that had been ordanized

and attended by local council répresentatives, at the request of residents
hànd."
because the activity st Woodland was getting "out of He recàljed that five
to seven residents párticipated, and that Mr. Ofstein and his manager Pedfo also
atterided During this rrieeting the partióipants discüssëd quãlity õf life issues,
brunches"
specifically, the mpact of the "bottomless on the community. Mr,
Ofshtein cornmented, "you can't prove that it is my place". But, he also clairned
that he has fnede many accommodations for the residents .including the
placement of signs for patrons to be quiet. The residents pointed out that Mr.
Ofshtein had violated certairf stipulations with Commijnity Báard Six, büt he
insisted that they were not enforceable. Afterwards, Mr. Kim attended a rneeting
with.Brookiyri Borough President Eric Adams seeking assistance with 6btaining
Mr. Ofshtein's co-operation. He believed that Mr. Ofshtein and the Petrosyants
brothers also attended, but the parties could not reach an agreement.
iTTihTR liWiTIEiffiiiTE WWid rtTricTsTÒÎce

on long lines that wrap around Saint Mark's Avenue He also spoke to many
residents who occupy homes in close proximity to Woodland. He noted inàt Saint
Mark's Avenue residents, who háve yards and decks that face the back of
Woodland, are constantly disturbed by the incessant noise.
20
29 of 112
Licensee: Prirne Six, inc. d/b/a Woodland

Gase Nurnber 124447
Docket Nurnber: 14 5-2018
Danielle Cochran, a Saint Mark's Avenue resident, told Mr. Kin1 that her yard
faces \Ñoodlahd's Aut obr patio, gnd bat the noise iã intolerablé añd that
Woodland petrons voiTiit, urinetë, alid défecate on her stoop and e hidewalk in
front of her horne Mr. Ofshtein's (esponse "I can't control the offeople
actiort
outside the bar and you can't prove that these incidents have any cöñnection to
Woodlarid. M&Kim noted thät other bars, such as Sugar Cane and (Bleschers
dd riot open until 5100 PR or 6100 P.M.
Mr Kirn revealed that he had viewed YouTube Videos of Wood nd which

sh6wed MroWdeE)átió àres Witlra full service bar. Blit he noted thát as a .
result of the resident compidints the Licensee startecÏ closing vÜiåElges and
placed sighs patrons to be quiet. He also edmitteifthatÏ Wãodland
advising
eventually hired a security guard, on duty dudng the weekend branch service.
Mi Kim has b$sen eÙ a floo spabedvithin Woodland so pãcke¢bwith atr ris that
they couldhárely rnove. But he"âdibitted that he had no perschal olbséntations
of WoodlahiipaWons vomiting, unnating ánd defecatinion the sidewalks and on
privatetiraperty
During cross-examination Mr. Kim explained that he reskles off Flatbush
Avenue, which also has businesses and bars. He reiterated that. bottbmless
bruncfied are not light or the. aree He actinowledged tha Pinalife, another
bar restaurañt hás recehtly effered a botton1less brunch neàrV/oodlÃNd)bu he
did not know the particulars of the brunch. However, he noted the jabsence of.
loud music and lung. entrance line at Picante. He added that the Woodland
patrons are you.ng no rnore then thirty yea s of age, and that Woodland does not .
cater tò fãmilies He cóncluded with his òpinion that the bottomlëss brùnch is not
right for the area because Woodland rerbain open until 5:00 A M.
Siri Larson
Since February 2019, Ms. Larson and her partner have owned and operated
Cinnarnon Girl/Red Mango Bakery iobated at 80 Sixth Avenue, at the corner of
St. MarksAvenue and Sixth Avenue, adjacBnt to Woodland. .
On a Sundaý in February 2019, Ms. Larsen first noticed that she could not exit
the bakery tcfthe Sixth Avenue sidewalk because the line of people seekirtg entry
into Wdodland blocked the front doors. She then revealed that this edndition has
continued every Sunday since February 20196. Ms. Larsori and her partner
spoke to the Woódland General Manager, Pedro, and told hirh thet {he Sunday
lines blocked the bakery doors, which prevented anyone from entering her
bakeryc She told Pedro that this condition had to cease and asked him to stop
allowing Woodland patrons from waiting on line in front of her bakery.
6 As of the the condition had continued for four months

hearing date, May 29, 2010,
21
30 of 112

Strial Nurnber: 1251073 KINGS OP 1251073
Case Nunjber 12¼447
Ddcket Nurilber: 14 $-2018 .
Although Woodlaed inanagement has tried to redirect the lines and to coritrol the
behayipr of thè patrons waitirig for entry there 'has ñþt been much upcess in
abbieving.these güáIs, as the Wbodland croyûds stin blòck the bakety entrance. . .
Msaarsen toduced three photógraph¼that fook on Sundayapril 21 20

shp
while iriside fbe bakery löoking et the front floòr to-ceilingMindews and doors.
She authentiðateê the photographs andyerif ed the acebräcy©f he írnageä. They

Were admitted iri o evidence without objedtiön. (SLA Exhibits 646G)Rhe first
photoàrdph depists the iriteriör of thè stáre¼nd the agade of the ba ery the
. bntireWidtbitf Which obráists indoss¼rid th¾.glens ddos. ..

fifloor¾cellhp
Therihotograph also cej½Èrres tfie ege ef nahy Néôple itanEling on the .
thàt th people in the phot graph were waiting.on a line to enter W odland and
tháÛh s conditiori as it e sted in April2df9 is cóñhistent with the Sarhe cphdiffön

apit has eii led since Ye§rtery 20 9. (SlgE hi$it 6A) he . e t phetegÃÊph
also depicts Many people Waitingson line to entëÿWóodlañd afid s¾nding directlý
in fròntdf thé do‡rs to herebakery. (SLA Exhibit 6B.) The last photdgraph shows a
guard n fioñt of the doors andiwo lines 6f patrons ón.e1ther side .
security bakery
of the doors. The photograph does not depict anyone other than the security
guard sfanding directly in front of the bekery entrande. (SLA Exhibit 6C)
Other than Aiscussing the crowds and her fihotograph Ms karsen did not
address the impdct if any, ofthe drowds upon hèìf businëss and ity ptofits.
IVlandy Wynn
For the past two years, M Wynn has owned the Brooklyn Larder, located at 228
FIätbush Wveriu Brooklyn, New York across the street from Woodlandrthe
business has existed for ten years at the present location. he operates .a
specialty food m rket.open Monday thru Satúrday from 8:00 A.M until 9:00 PM,
and on Sunday from 9:00 A.M, until 8:00 P.M.
Nis. Wynn explained that her stòre has a bathroom for custorners located in the
kitcherLButy she noted that non-customers often enter her establishment seeking
to use the bathrooni Indeed, many bathroom requests occur before 5:00 P:M.
during the weekend..Many of those customers are drunk and leave "disgusting
messes"
that she and her staff rnust clean. Once on a Sunday, an individual who
h
n6ting.that the ir dividual went back to Woodland. She recounted ariother incident
when a drunk and sick individual, with friends, all sought to use the Brooklyn
Larder bathroom, revealing that they hadyall been at Woodland.
r Ms. Wynn explained that The Brooklyn Lárder is on Flatbush Avenue near Bergen Street.
Woodland is located at 242 Flatbush Avenue, Brooklyn, New York, at or near the intersection of
Flatbush and SixthAvenues. ( See Licensee's Exhibit A)
22
. . 31 of 112

Case Number: 124447 .
Docket Number: 1435 2018
Finally, she noted that the police are often prpsent at the intersection of Flatbush
Avenue and Sixth Avenue, controlling crowds; but again, M;s Wynn did not
indicate the location of the crowds. She adrnitted that she did not know whether
all, some, or any bf the many bathroom users were Woodland patrons .
Latasha Clanto
Ms Clanton has served the State Liquor Authority as an investigator since 2Ò10.
On or about October 31 2018 she was assigned to investigate.Prirhe Sixdnc
d/b/a Weod and, with investigator Maiwell. She was dirented to maKe tWo
undiscIbsÄd yi,sits and to for noise,· the sale of alcohol to intokicated
invêstigap
"
patronz; and unlimited drinking during wêellend brunch pvents (SLA Exhibit 12)
lnyestigators Clanton and Niaxwell visited Woodland on Novembei 17, 2018 and
November 25, 2018. When she completed the assignment, she epared an
investigative report. (SLA Exhibit 12)
Novernber 17,.2018 .
Investigatof Clanton and Investigator Maxwell visited Woodland, "undercover", in

street clothes, to observe its operation during the weekend brunch service. .
Before embarking on this assignment, Investigator planton reýiewed the
Licensee's Method of Operation and other documents submiped toCthe SLA in
support of the Licensee's liquor license applicagofShe noted that the Licensee .
had represented in its Niethod of Operation and Rirst Amended Method of
Operatice that it would r ot pémit ilancing and that it would provide only live or
recorded niusic, without the seNices of a D1 ($LA Exhibit 12 ãt Attachrnents 2A,

2C, 2D, and 2E) Based upon this information she expegted to enter an
establishment with music; . . . . . .
Orr November 17, 2018 around 1:45 P.M.., she and Investigator Max vell arrived -
at Woodland and observed and then stood on a Jong line or a tablee While
standing on the sidewalk outside Woodland, Investigator Clanton could.clearly

hear the .music playing inside Woodland. She also observed a securi y guard at
the frorit door monitoring entry and IDs. Uppn entry, she requested a
checking
table for two: the hostess took the reservation and tolçl investigator Clanton that
hostess'
there would be a 45-minuit wait..At the request, investigator Clanton left
her cell phone number and awaited a text when the table became aváilable. She
and Investigator Maxwell then left Woodland and waited in his car for aboµt an
hour before receiving a text that their table was ready. She did not observe any
police cars. .
Upon entry, she immediately noticed that Woodland was very crowded; in fact, it
"packed"
was so that she could not get to her table without asking patrons to
excuse her and allow her to pass. She also observed a DJ playing at the front of
the restaurant, patrons dancing at their tables, and servers carrying large (64
23
32 of 112
Ocensee Prime Siy, Inc. d/bla Woodlánd
Seria[Nuniber: 1251073 ISINGS OP 71251073
Case Num.ber. it¾§47
backet Nurnber: :1 2018
ounce) pitchers ef drinks (ihimosas). No one told the dancing patrqns to stop
dancing She didpot óbsenie a dance floor
"
She ancf Invest afor blaxwell decjcied to try the "bottomless brunch and .
ordering food and a "bottomless drink'htha¶was poured frórn a fatÿeWciturñë

pitcher. After sanipling the drink, she identified it as a mimosà, containing 6tange
juice arid alcohoLf
The DJ played Hipshop mdsic that w s so loud that it preÙented õnversétion

She 'ánd1nvpstigatór Maxwell remair ed within Wqódland for aböut two hoùrs
She nõted tlief sps cõuld hear the music Wh é walñn utside or a tãBÎë and
November 25 2d18
On Noveinber 28, 2018 around 200 RM.e Investigators Clantori and Maxwell
ret med Jo Wooclland for anôther undiscidsed visit. White. waiting for the
F1ätbush Avenue ljght to change, fr estigator Glanton could hear the. Woodlarid
music icross foÜr lanes of traffic that vias só loud2that .the song lyrics were
addible She alsd obser¼ed5a police'car pasecl in front of Wö6dland.
Again;1nvestiga‡rs Clahton and)/läxwell waited on a long line with others just to
enter Woddjãrid and to ask for a table Thé ine rapped.afound Saint Mark s
Avenue and while on that line, the Woodlar I music was véry loud. And ohye,
again, upon entry, tl7ey were old That they wò0ld have to Whit for a table.
Investigator Clanton provided the hastess with her cell phone number and wáited
in her car parked car on Flatbush Avenue for an hour before receiving a text that
a table had becorne available. The parked police car did not leave.
When she enteded Woodland, she noticed thet it niore crowded than it was
"overcrowded"
during her earlier visit Indeed, she described it as She ând
Inve.stìgãtor Maxwell were seated at a table in the reär. It was so crowded that
thirty minutes elapsed before the waitress could reach their table and take their
ordèr, and it wdâ so loud thát the wainess couíð not táke the½fder without
leaning in and talking into Investigator Clanton's ear. Again, Investigator Clanton
noticed premixed drinks in large pitchers which Investigator Clanton noted is a
violation of ABCL Investigator Clanton recálled the sarne menu fór a bottòfnless
brunchl unlirnited drinks. She observed patrons dancing.
She stayed for about three hours, and observed the wait staff serve countless
off"
patrons mimosas, poured from large pitchers, and no employee "cutting
patrons who were visibly intoxicated. To the contrary, she sáW the wait staff
constantly refilling empty glasses. When the investigation concluded she wrote
and signed an irivestigative report, (SLA Exhibit 12)
24
33 of 112
Licensee Prime Six, Inc. d/b/a Woodland ..

Serialblumber: 1251073 KINGSDP 1251073
Case Number: 124 4 .
DoòketNumber: A 35-2018
Durlii cross xamination, Investihatbr Clanton admitted that during th visits to

Woodland;5she did riet ébsen/e the sa!e of alcohól to aný intóxicâfed patrón, and
that the patrons n line to enter hehaved in. an griremarkabl.e manneh And,
althpuglï she aid nót observe a dance floor, she säw paffons danpiýg, and no
emp!ppee directing thëñrto stdp She also phõtographed the servgpouring a
pitöher pf pre rnixed miniosps,. oràngs jltice and chamjiagn.e, and

còntaining
attached thern to her repott. (SLA ERhibit112 at Attachinents 4%.and 4B)
Sarge ÎnthoñfÔiNlichele
Serger t diMichele is ã Îghboi-hoód Coordinâtion Officer ÑÖG9) tor the 78
Preñiñct, the géqgringhipal boundaries . of which includes the locatio.n of
Woodhind He pplicês the area ánd addresses quality of life issues.
He knov s Woodland and has poken with his cornmanding of icer about
Woódland sperpifically, the overcrovid.ing,. fights; .oveÑserving of afpphol, and
disorderly patroris on 16ng lines He noted that rnost pompidiñts abdut drowds,
disorder and other disturbances occur during the weekends, includihg Sunday
afternóóns and evenings.
During his patr s he has obsented
• Earge crowds
• Loúd music
• lÖtexicaÎed patrons Woodland
leaving
• Fights
• groups into the streets
Disorderly spilling
o Woodlandpatrons into the street
running
• Patrons in the street arguing and fighting
He noted that whenever he patrols the area that includes the lobale of Woodland
he sees patrons exiting Woodland, displaying the unmistakable signs of
intoxication, unsteadiness.. and slurred . speech, añd many instigating and
participating in fights
He is also familiar.with the many quality of life issues reported to the precinct,
and has observed Woodland patrons blocking the sidewalks, -groups of patrons
fighting on the sidewalks and in the area irnmediately surrounding Woòdland,

rowdiness, and intoxicated patrons within the imrnediate; óf
disorder, vicinity
Woodland. And, particularly Q n Sundays, he has observed long lines áf pations
eager to gain.entry into Woodland, well past the boundaries of he building.
He added that police cars are posted at Woodland on weekends, abd that this
"standard"
action has become for the weekends. In additions the p ecinct has
established directed patrols of Woodland for the entire weekend, whibh involves
25
34 of 112
Licensee-
Prime Si , Inc.3/b/a Woodland
Serial Nuníber: 1251073 KINGS OP 1251073
Nurnber'
Case 1¼4447
pockst Number: 1435-2018 .
a rnarked patrol dár with two officers parksd in front of Woodland for an extended
amoiint of tirne o Friday night, and Saturelay and Sunday afternoons and nights.
h
5arger t DiM)cheh has beeri assigned fo Ïhe pre nbt f F mobe thah oni
year. noted ttpt even the 78th . (bodland hat been the .
He befôre jòining prepthct
target of directe@atrdls, He add d jhat the precinct is lácatednboptjne blòck
from Woodland, jnd that the Wóódiarrd music is so loud thjt jt is áudible within
the Precinct and it has been that loud since he bedian tijs tenure st the précinct.
He added that he and 6ther.1NCOs have juarterly meetings V/ith the Wóodlarjd
hianager Pedro Who also attends Cornmurïíty Counóil meeting
. Sargent r10 esttendedsid2itatheR!ock"-meetings ith ed Weaáá

1
rñanhger) and thþ residents; Woodland is always the main topic of discussion,
.He tecäIled that fifteen. to twenty residents routinely attend the meeti 05 ahd
coihplain abdut nòise long lines, public urinätfori, defecation, in the ..
andsomiting
treé pits Yalorig Seint ark's Avériue and other offensive ahddisgusting coridùct.
Althòugh Pedro spoke about soungi-proofing equipinent and materials sargent .

DiMichele did noli·kriow whether it had ever been installed. .
.He reviewed NYI D SumMons No. 4441455467, which a colleague issued to

Woodland manager, Pedro, on February 18, 2018 at 11:50 P.M. chárging him
with allowingi a §isorderly crowd to physically fight on the sidewalk and in the
street in front of Vöodlapds(SLAExhibit 13) Then, he reviewed NYPD Surnmons
No. 4441347105! also issued by a dolleague, to Pedro at 6:44 P.M. on April 8,
2018 alleging that Pedro had allowed the premises to becorne disorderly with a
large drowd having a verbal dispute. (SLA Exhibit 14)
He also reviewed NYPD Complaint Report No. 2018-078,003736 alleging that a

Woodland patrph had been sexually assaulted in front of Woodland. (SLA Exhibit
15) He reviewed. NYPD Complaint Report No. 2018-078-‡03776 alleging the

occurrence of an assault in front of Woodland. (SLA Exhibit 16)
He reviewed NYPD Cornplaint No. 2019-0778-001118 allegirig the occurrënce of

an assault in frorjt of Woodland on Sunday, March 24, 2019 at 10:07 P.M. in front
of Woodland .(SLA Exhibit he reviewed NYPD Cornplaint .No. 2019-
17) Finally,
078-000680 alleging the occurrence of an assault in front of Woodland on
Saturday, February 16, 2019 at 3:30 A.M. in front of Woodland LA Exhibit 18)
$argent DiMiche e then tumed his attention to the 311 call log, and authenticated
it as an NYFiD r4cord of nuisance calls, which the NYPD creates and maintains
in the ordinary course of police business, and that he printeid it from the NYPD
data bàse. (SLA Exhibit 3)
26
35 of 112
Licensee: Prime Six, Inc. d/bla Woodland

Serial Nurnber: 1251073 KINGS OP 1251073
Number·
Case 124447
Number-
DocÑet 1435-2018
patrois"
He noted the entry of many "directed that cònsist 1of a pp ce vehicle
occupied by two 6fficers parked in closé. proxirnity to a licensed bremise to
obseWe the condt1ct and activity at that location. . . . .
He noted that dirécted patrols aie inbre time-gonsuming because the purpose is
to monitor a locatioWThüs a directed pátr.ol reýuires a precinhi to dev te olfjcers .
tce obse.rve a location for an extended ám6unt òf time, whiöR ca copsump
several hours He also reentioned that the police also deploy officers tò drivé .
through the cornmunity as a niethod of patrol. He expläined th entry of
time''
"comrnilnity which invol es the policeynteracting with the ommunity,
business6s, and 6wriers. .
argent DilVlichelé his obselved frequ¼nt directed patro oQNo d pnd which
has depletéd pelice resources otherwise available for1the énti e fomfnunity.
Specifically, the precinct has four cars to patro) the entire regThgs,. the
devotiori öfjone óat to rêhlain arkeci in front of Wohdland offensive
toppserip
conduct, páuses a twentý five percent depletion of police resourceä otherwise .
needed tc s arve the community. As a restill a directed patrot comptornises-the .
health and säfety 6f the community
He also explained that the precinct rnaintains a chronic noise list c nsisting of
locations that generate rnore than five 311 calls reporting distûrbing r)oise within .
one rnonth3Wäodland niare often than nót bas repeatedly earned¼ place on
that list nargeht DiMi hele does riot know Pidante, and ha no knþwledge.of
cornplaints about it. .
Officer Umid Ka imov .

18th
Qfficer Karin ov has served .the NYPD for two years, ass gned o the
precinct, and knows Woodland.
On February 18, 2018, while retuming to the precinct after patrolling another area
of the pommunity, he heard noise and screamit)g in front of Woedland, and .
observed ab6ut. ten. people fighting in the street, Flatbush Avenue[ and.Sixth
'
Avenue that obstructed S/B traffic on latbush Avenue He thimediately
responded and dispersed the crowd. .His -supervisor directed .him to issue an
NYPD Surnmons to Pèdro, the manager of Woodland, alleging that the manager
allowed Woodland to become disorderly by perrnitting patrons to exit ànd fight.on .
the sidewalk and street in front of Woodland in viol.ation of ABCL Section 106(6).
(SLA Exhibit 13) He issued the summons to Pedro and believed that he had
allowed the fight to occur because he is the manager.. .
Officer Karimov had no recollection of any conversation with Pedro. But Officer
upon"
Karimov noted that he "happened the fight. Although the s.ecurity guard
27
36 of 112
Licensee: Prime Si 10c. d/bla W odland .

Serial Nurnber: 1251073 KINGS OlN1251073 . .
CaseAlumbeg 1 4447 .
.Decket hÿniber 1435-2018 . .
wanrying to dêMse the fisht, Officer Karirnov rioted that no one had cälled 911 .
seekirig oli69 aspistande
rwe tigatoryladhsW paýis

For the ppst fóur ea s atthew Davis has investigated licer)sed remises for
. the State Liqúor Autliorilÿ inspecting l(ce.ñged premises för riondonipliance With .
he AlödholicWe I-ade óntrol Law and its amplifying ruleá. Previously he
devoted se enteén (i7)

ears öf h s career to chlid welfare ahd prote8tion
nveptigatin fepdrts of child äbuse
He r vëalëd his f miliari ÿ thihëlochti n of WoodlebEbecause hè ad Worlied
14è noted that the r eighborhobd hadjmprdved in tha.t it was bleaner quieter and
ttfat rí4aby busin sãeä hed e tãblished a presëncé 156 descril5ed Saint Marks
Avénûé as a quiefidnilly areaMinedi)ith brownstahes grid trees. He added that .
th
oddland is datedibeûfen ble fierfi the 7 rÊÚnÃrÝhe i rÉcÚ
of Flatbush ahd ixth A enues, and not d that Flatbbéli hÚende haslottÂIenis of
Walfit two in eit er direction, as well as bus larie the Wqòdland. entànce is
lcicáteforf SixtkiAveriue, buffhe establishrñèrfoccupies mõst of Gixth Avertue
cornef oflSixth 78th VI lble
anchhe ànd Flatbush Avenues. The p écinct is Clearly
from Woodland. . .
He ilso lisõldsejl hat about four ór five years ago he had been a atidn of
WoõdlandPas a uest of a jsrivate function that took place in the backyard/patio
area thè mairi area (first levelj and the cellar.
On Maich 1 2010, InvesÚgator Davis was assigned to make two (2) undisclosed
(plairr clothes) visits to Woodlard to in estigate disorder, excessive ndise, and
sales of liqupr. tÙ intoxicated patrons, ard other conduct and conditions that
violate the Alcohólic Beverage Control Law.
VisitNo. 1: IWarch 4, 2018 .

On March 4 2018, investigator Davis weñl tó Woodland "undércov , i.e., as a
.pairon in plain dlothes. He arrived around 5:00 M., .parked near the police
precinct, aboi1t. 6ne block from Woodlarid, and noticed a short line to enter
Woodlanck While standing across the street frorñ Woodistid, on Fiatbush
Avenue, he had no difficulty heañng Woodlerid's musib the

=W
--= . riotwithstanding
WWäŸd-tfie
patroris on line, screaming and talking loudly. When he approached the line, he
observed groups of four or five patrons occupying the sidewalk to the curb.
Although he obsprved a security guard admonish these patrons to stand closer
together and.to ailoty pedestrians to navigate the sidewalk, they ignored him.
37 of 112
Licensee: Prime Six Inc. d/b/a Woodland .

Case Number: 124f447
the tinle.he reâçhed the end óf the Woddländ line, he noted that it Tad grown
By
and was the córner of Saint Márk's and Sixth Avenues, t odk ng the
approachlñg
entrance to ari adjäcent business MusáIe Milk the present location of pinsamón
Girl Esakery. Groups of two to eight people pópulated the smoking talking
line)
loudly, and screainingxHe also observed the would-be-patrons hull ocpupying the
sidewalk tó the curb Despite the security guãrd's directive to the patrohs 10 move
and to avoid blocking the sidewalk, they continued tollock pedest ibn traffic
ignórins his authdrity and .perhaps unable to -hear his directiv beceuse of the
rnuáic 5ðlume As a result, Invehtigator Davie 0bserved pede trignsNalking in

di"shaking"
the street theifway flir6tigh the crowded sidek/alk 6¡etausp they had .
no other option te navigate the sideWáIk. .
One condition, however, impressed Inveätigator Davis: the volume o the music .
that wäs playing inside Woodland, which was so.Ïoud that He fe;lt the vibrations of
the bass ven thòugh He stöõd awáy froth WoodlancFs front door orE a lihe that
extendéd the entire length of 5izth Avenue.to Saint NIärlds Avenue ãhd c(ept up
the midcile of that block towardi Fifth Avenue2 He nóted that the mûsic was so
loud thet'he dould identify the song and sineWong.
When he reached the door, the security guard patted him down and c hecked his
ID Upon entry, he immediately noticed the strong odpr of inarijua a and the
people"
dense1crowd, which he denctibed es "wall-tó-wall and cdt1dliot see
through the crowd He also observed rnany patrons danning, coúplèþI or alone
and mány were intöxicated. The host/Hðstess escorted ltim to hisCfpble in the
"
"Cellar a dining area below street levef, accessible through stairs lo§ated about
thirty or fórty feet frorn the entrance. Because Woodland was to densely
crowded Investidator Davis hád to snake his way through the crowds to reach
the stairs, which took a while. Despite theirowds, InvestigatoriDavis¼6served a .
"pumped"
DJ booth to the right of the bar, noting that the music is to the Cellar, .
When he reached the Cellar, he was escorted tð the rear and seatedl in arêa in
front of the stairs bccupied by at least thirty patrons. He recaljed that énother fifty
to sixty patrons occupied the area in front of the stairs, and nõted that the entire
area of the Cellar was so crowclëd that he could barelp move, and¼lespite the
dense crowd, he observed patrons drinking, dancing, añd singing near the stairs.
The server gave hirn a menu and ekplained the "$20.00 bottomless brunch",
unlimited Mirnosas, consisting of charnpagne and orange juice, for. a two-hour
period, Investigator Davis ordered food and a Mihipsa.
While awaiting his order, he observed another .line, this time within
long
Woodland, and consisting of many patrons waiting to use the restrdoms, many
visibly drunk, displaying sturred speech, red eyes, unsteadin.ess, and an )nability
to stand without support from another. Yet, despite the inebriated .condition of
. many, they still managed to dance to the music; He recorded the
deafening
29
38 of 112
Licenseè: Prime Six, Inc. d/bla Woódland

Sprial Number 1251073KIAIGS OP 1251073
Cuse Number 124447 .
DockèÈNuniberi 443 20i8
dancingypatröns ndÉoduced the video on a thgrñb-driye. The fitlagês were

consistent w th h à estithonySe dën.sely and dandefously crówded firsGeor5ñd
Celfar with liTnurderable patfoñdäncir whjie holding Wiñks. (SIAEkhibit 2
The server ret ned WitIrfodd and .a s allCcup containing the 1 r o q

lñ¾éstigatpr Qavik tasted it and døtected thë cherhiáàgne ednôleding that it wa .
an aidoholic beveyade Investigatogbavis had only two ll/l ynesaš, oth erkëd i i
small cups. He âlso obseived thèMait shiff constantly rëfilling the p rpns same
shtall dups..and qô.one peblining a refill, even though in3his est rnationdhey were
. visibly drunk He ëIso n§ticed thet thé weit slaff did not ñt áff or¼edy fefjjls2to .
affyâñÇeven th se BEaipéar d I be dtühks Othef th n patrons consumjng
. .. iáo'sas he d drotshnatue3heele--e eekeÞ ‡c ¼Whp d
patron.
He added that t1 music was ouder upstairs and óöuld not recäll the 6 ying
9ery n uch. In td 1, he observèd fifty.or more patrons dancing on both evels of
Woodland hear t e front door the staircase to the Cellar and4he dining areas at
their tables knd in any open area. Signifign6tly he did not obserüe afíyor e
ir)stmeting päfrô‡s tõ táke seats to stop dancing, or both, and .no one
the4
stopped dancing. .
investigator. Dav$ rernäined at Woodland for about one hourc dgring which lye
observed the pàÏrohs at only one táble1leeve; ble di not o6ãerûë any erápty.
tables in the Cell¼r, noting that the first floor was ted cFowded tö viéù/ inost of the
tables. But he r(bticed thaliilany patrons, who were oecupykig tables whert he
anteted; were still eating and drinking. Although he reasonably concluded that
patrons were pèrrnitted 16 dñnk. more than two tiours after beirig seatëël he
adniltted that he did not know if patrons, after two hours were denied alôohol
servíce asked to léave, or bbth.
Investigator Davis had 'pn equally difficult time leaving Woodland around 4:00
P M bëcause it vyas so crowded that it took a while to reäch the front door. He
redalled g strbrigpdor of marijuaná when he eMerged from the CellarcBut, when
he did,.he noticed the Woodland line of patrons extending towards Fifth Avenue
on St. Mark's Avenue. He also noticed 4 ould-be-patrons sitting on stoops l e.,
private property, emokirrg and talking loudly, and he could still hear and feel the
bass vibrations fröm the Woodland music-
Visit No. 2 SundayeMarch 14, 2018

On March 11, 2018, around 4 15 P M., Investigator Davis returned to Woodlarid
to complete his ássigned second inspection This time, he..remained at a tr ffic .
trian§le directly across from Woodland for about two hours, where he could
observe the interactions between the patrons and the police; he could also hear
the Woodland mifsic.
30
39 of 112

Serial Nurnber 1251073 KINGS OP 1251073
Case,Number: 124447.
DobRèt Number: 1435-2018
He recálled two ófficers posted at the Woodland doorway on Sixth Atenue near
the cornèr of %ixth and Elatbush Avenues, to nicinitoLthe line arid t e patrons
He recalled that the policé just stood there and did nothingndespi e the loud
music, añcl loud patrons/many ãnickins while awaiting entry on an uhorgeinized .

line thet blocked pedes flektfaffl Heeñeted that the pólice hadfarke a rnarked
cat at the cornër ef sixthind Fletbush Ayenues Although the line lilocked the
siElewalk; he noted thàt the)pelide tool¼noéctiórf even thoúgh pedes hany

elderlynhad to snñé fheir way through the line or wajk in1the stre t le also
observed (two exiiing patrons holding up a visibly drgnk frienRhnd at three werë
very loud .
Althoúgh investigator Dav s testified that hewemalhed on the traffic triangle for
about two houri he testified that the Wð6dland lihe extefided lo g Sixth
Avenue to Saint Mark's Avenue wnèfe it efided soméwhere betweén Fifth and
Sixth Avenués an árëá beyond his line of sion he pdÈce emiÈin d n SÏxth
Avenue for the entire periock
On March 20, 2018, Investigator. Davis wrote a report merno alizing his
ob.séredóns of Woodland on.March 4, 2018 and March 11 2418 a d included
doeuinents ánd photographs that httóok. It was adrnitted intd evide ce without
objectiön0(SLA Exhibit 19) He iric.luded the Licensee s Method of O$retión that
the Licensee subfnittedliifsuppãrt of its Ikluor license äpplipationjand which
became a cönipeñërit &the Licensee's réöords maintained by théAuthofity
ThµMethod of Operation revealed the Licensee's representationstin fespònse to

questions 3 and 48, to provide only live or réóorded rnusic Without a l$J and that
it would not aliew dancingCAnd withJespeöt to Quéétion 6 "will t e business
" "yes"
employ a managér the Licensee resp0nded But,. the Licengee did hot
identify the1manaser(s) as reqüired by and iñ response to 00¼stion $a. Instead,

the Licensèë noted, "day managéYirifo t6 be provided", ánd ‡nfght meþger info to
be provided". Curiously, the Licensee then represented that the prinnipàl(s) (Mr.
would manage the business, .in response to Questiort 8b "if the
Ofshtein)
business Will not ernploy a manáger, will the principat(s) man ge the business?
(SLA Extiibit 19 atAttachments 1A and 1B)
Investigator Davis photographed the Mimosa that he ordered during His March 4,
2018 inspection; and thè police presence on Merch 11, 2018. (SLA E!×hibit 19 at
Attachments 2 - 4) He also rnade a video of.patrons dancing in the Cullar and ori
the first floors He saved the recerdilig on a thumb-drive that he próduced ahd
played. it contains two videos of patröns dancing in the Cellar andlon the first
floor..Both recordings reveal patrons standing shoulder-td shoulder The Cellar
video shows patrons as far as the eye could see dancing to what he believed to
S Questiori 3: Will the premises have music? Yes or No? if yes, live or record d. Question
And,
4: Will the premises permit dancing? Yes or No?
40 of 112
Licensee: Printe Si Inc. d/b/a Woodland

Serlaf Nurnber 1 1Ô73 IdNGS OP 1251073 .
Case)Number: 12M47 .
sl(de"
be the electric The video of dancing pa the first floor.also shows estrerne
crowdirig añd rnapy patrons dandingSLA Exhibit 27) .
He also look d aliWoodland's website and took two.screen sh s of its content
. . about one rñ thjbefore the hearing and noted that.it h I not changed since he
. first viewed in iflârch 20180. Jovestigator Davis testified that oije screen shot
captured the rná b of the Woodlandinenu, but the Authority did nbt produce that
screen shot. Th other screen shot provided iñforrgation about Woodlarid that
. Was indmitted into. evidhnce withput objection Specificai[y it advertised the
tervices, activitie$ anddiiriks available at Woodland, most sighificantfy:
REENOWNED DJS & HANDCRAFTED COCKTAILS

Follow s ownfairs Friday aNI aturday n}éht for a subtenanean
dance partÿ like no other. kleal for birthdays and late night occasions.
(SLA Exhibit 20) mphàsis added)
Oñ June 20, 2010, Inveptigator D4vis received an email from Danielle Cochran,
who. resides ;on $aint Mark's Aveñue revealing tha.t a Woodland employee had
used a tree pit in#ront of her home to.defecate at least fifteen tirnes that áttrácted
flies and fód ód rs. She added that she and her husband had no choice #ut to
remove the feces. Eventually she photo§raphed the inan #noking.a cigäyette
and filmed it twoPor three firñes before reportiñg the incidents (o)the3police. She
claimed that after speaking with Lieutenant Acru Rtiodes sorneone fröm the
precinct spo e to the Woodland .manager; and .the inbident rjevsr happened
again, She àttaõhed a photogrãph of a inan seated.õn the eilge of theTree pit,
smoking a cigarette and a note written by her theri five-year old son three years
are,"
ago, "plez do not podp no madr wat you (SLA Exhibits 22 -24) Investigator
Davis recalled that Ms. Cochran believed that the man was a fofrner Woodland
.empiloyee. .. .
Ms. Cochraii also sent a video. After viewing it, Investigator Davis explained that
it revealed the same image: a man defecating in the tree pit; and that he learned
that the man had been a former Woodland employee. (SLA Exhibit 26)
neay-2%J494‰la... . Re_atisala . .LDavitate an I fr.o91Lauren .ived WgiWick

who had previouply testified. She sent copies ofplïolographs. After ãpid
her InvestigatordDavis explained that she had sent photographs of people from
Woodland sex on a stoop directly across the street from her home. But
havinh
Investigator Davis could not say how Ms. Warwick knew that the participants
what had a connection to Woodland.
9
Only of the two screen shots has relevance to these charges.
. 32
41 of 112
Licensee: PHme Six inc. d/b/a Woodland

Serial Numbert 1251073 KfNGS OP 1251073
Case Numbec 124447 . .
Docket Nurñber: 1435-2018
investÏgatkDavis also received from Ms. Cochran, 4 thtimb-drive9containing

ihsta r in Videoh that Were postéd sotnetime duriifg Au§ust 2p18 on a
Wobdland web page. He viewed the content that revealed two videos dáncing
one½f which refleòted organized dancing, J.e., a large ilrpup of patró‡s dancing
to the "eleoffic Wide". He recognized the dance area as the Gellar; liut didCnot
know when the dancing had been recordëd (5LA Ezhibit 27)
After irispecting Woodland, Investigator Davis received informa on about
undisciosed âwners, siecifihallý an ärticle äbout Woodland, appearing on or
about1\)latch 18 018pirCpatcithoh0 an%lÏhe seÑfee repo fing l§$al ñêWs.Pit
noted that the twin brothers Robert and Zhan Petrosyants (5Petrosyañjts") shared
a financial interest in Woddland and refp/enced theiWrespective ¼ui y pleas to
charges of money launderirig âljeged ir a federal indiptij1ent. On Alhtil 4 2019

-
Investighter Davis meet with thé A4thority's Cóúnsel, Ms$ardico w o provided
a cornpláint filed agairfst l\nr. Ofstein end the Pettosýánts in the Supre he Court of. i
the State of New York, New York¶"NewVerk Cðunfy Complain ) . .
On or about Aprn 6C20191 Investigator Dávis met with Mr. Ofshte in and his
attomey. Nirv Ofshtein denied that the Petrosyants hdd an ownershi interest in
Woodland and explained that they are employées who managethe t usiniess for
him pursuant to the ferms of a Management Agreement thatjhp. produced with

payrollrecords for each brother. InvestigatopDavis recalled thst Nlr. Öfshtein had
tóld theyetrosyants that they wou d getMmore âs. profits indteasect püt later
that staternent. (SIA Exhibit . 28 and attachrhents .and
withdreg
SLA Exhibit 29) Afterwards, Investigator D.avis accessed thkSLA WorkElow
progräm and reviewed the docurnents submitted by the Licensee to heJLA in
support of itstli.quor license àpplicetion, fodusing on the Prinhipal Ehtry 'screen
that disclosed only Akiva Ofshtelr4 but no managers. (SLA E hibit G4)
On 1April 11, 2010, Investigator Davis wrote and signed a SÒpp‡irnental

Investigative Rëport and attached the patch.corn article, the NIanagement
Agreement between Mr.±Ofstein and the Petrosýänts, as well as paýroll records

for both brothers. (SLA Exhibit 283at Attachments 6Ar6L and $0,38) )nvestigator
Davis also included ithe. New York. Coun.ty complaint that Ms yarsipo ,had
obtained at his request. Hennoted the allegations of paragraph 14f"Zh'an and .
Woodland,"
Robert . . maintain a pecuniary interest in and paragraph 193 "Akiva
[Ofshtein] owns a majority interest in Wopdland, NYC with the min‡ity interest
[Petrosyants]."
belonging to Zhan and Robert (SLA Exhibit 28 at Attachment 12,
¶¶ 14 and 19) The Authority neither obtained nor produced the cðurt docket,
responsive pleadings, the status of the lawsuit, or a dispositive decision
By email dated March 28, 2019 from John Marzulli, Public Information Officer for
the Uriited States Attorney's Office, E.D.N.Y., Ms. Marsico receive‡i a copy of
Superseding Indictment against the Petrosyants, Guilty Pleas and J dgment, as
33
42 of 112
Lipensee Prirne Sip Inc. d/b/a Woodland
Serial Numberr 1251073 $1NGS OP 1261073

0pse Nurnbeff 122447 .
. docket Ntenber: 143$-·2018 .
si e ret|ùeited. LA E hibits 30 -- The ndictment doe.s not charge the . .

32)
Petrosy nts .with n owr ërship interest in Woodland; to the contrary there is rro . .
. . . ... . .. . rn ntíón Woodl rid v hetsoever . . .. ...... . . . .
Ùbcun taÅ/ Edden
A6thbritý éRhrciäed its discretidn endowed by the proylsions of SAPA §

3)5(1) to proffer ifäin sÜidence in "written f rm". This evideficetonsists of
etter W ñi ö I ci Nieniby Brãd¶ander, Assernbly Mernber n nne

... . .
.Simp -Senator Velmanette Montgomep(landerAetter") (5LA .
Exhibit 3 . . .
N.Y.S Dehartme f State v sion òf Corporations .
Rel×irt or Americart Standard HospitalitýGroup LLC (5LA Ex. 51 .
N e lartinehl gf State Division of Có‡orations

Reportfor Priñ1e Sik InE(SLA Ex. 52) . .
. e. Woodlând Twitte(Accourit IMstings (SLAExhibit 53)
Aldn1ý Stobk Phops (2) of the Petrosyants ISrpthers (SLA Exhibit 54)
DNAINFUicom Wóodlánd Article about Akiva Ofshtein and Petrosyants
Brðthérs ($LA ex. $5)
e Affidakit frbm NÝPDtieutenant Peter Hsieh, NYPD 31tCall Logs from
1Ôf2y17 6 24 (5LA EE 6 at 3 5 ))nd NŸPD 91FCall l s from
1t/S2/17 403/24/19 (SLA Ex. 50 at 60 * 89)10
a Affidavit florn Sargent G resory Graves, NYPD 311 Càll Logs from
01/02/16 02/26/17 and NÝPD 911 Call Logs from 01/02/16 ± 02/26/17
- -
(GEA ex $7)
o NYC Grivironmental Protection Summons # 00282678J issued to Prirrie
Six,.Inc., Woodlapd (SLA Exhibit 58)
A. Lander Letté
The Authority pr8duced a letter, dated June 17, 2010, signed by Council Member
13rad Lander; Assembly Membet Jo Anne Simon, and Senator Velnianette
Montgornery, and sent to Chairman Vincent Bradley, and Commissioners Lily M

Fan and Greely T. Ford, expressing their collective about the disturbarices
occasioned by the Woódland patrons, and noting that this missive "is the fourth
time our offices have written to the SLA about . . [Woodland] this time to be .
TiiiW1FtTIFITEdiB®ftii"å'riTfrigemq"dhNriplinWtesting*(@hA5EM
. The Authority produced SLA Ex. 57 as evidence of unlawful conduct occurring at Woodland on
or before March 28. 20193 as alleged in Charges 8 and 9. This exhibit; however, includes
reported disturbandes occurring after March 28, 2019, which exceed the scope of Charges 8 and
9. (SLA Exhibit1) j, therefore find that these entries lack probative value and because they are
irrelevant, and will riot be considered or evaluated.
34
43 of 112
Licensee! Prime Six, Inc. d/b/a Woodland . . . .

Seriá! N inber. 1251073 KINGS OP 1251073 . .. .
Case th.IniberF12#447 . . .
Docket Number 1435-2018
These.pommunigleaders continùed to remind the Authority thgt LiWnses

years"
Akiva0fshtein háâ o cause I the rïeighlyors to compleld abó . .
pylaliE int xicati noise,4pdblio urination, nd . . drunk dr ing. .. .
The pólicq Wäýe been balled to on multiplg poeâ 198s . .

(Wobaland]
andjiajoi ce] have Wití3êssed pûlilic intoxication oåise pptply . . .
behàviõrjrebpasein end VandéÌ(stn. . ..
Wlsile ceÖing Ïhat thore3thnTeside fo r a the offe s .

fFefoseWõWnhy
otelithf dfi egfeet si li$ÎÖ o s t ì a UrEfu
leaders heted that the resideñts'9c0mplaintstabdµt the ñhise affd athe
disli bahces$om Woodland f¼exôeed any entivity that cot kiI e stdered¼s
reâ Gn elThey sppRe < f t§efesence of )therinightlife isfÿblis U.iMbe

neishbors"
vichii whè have been "resperisible contrâspth ed thãt .
By
d."
$Ódl Ó u e is it piesehtsPa 150 lid p
TI stride é Ghäi nd tfie Conimi si r 6Ÿ¾Eát Co(ri iÚñ BoarcLSj8
h5ä repeetedl epposed he renev 1 f Wc)odländ 1967 liceWe
They f b ed1115t the con tonity hadiheti i h Ñlr OfshteinÈoredÊan fee to

addresñheäë cofïcernsibat théir effods to rekõh g workable c mpio&lse p oved
futik; añhahffèhsive Wd disrQptivé cihÜltiq persisté‡I Specifiedl ppinatinie
dïir n b 15 t1 otrili iÌt 3 a ricoipenedft e át the ý
Precid ith MiCOfshtein, Wii¼e offide arid resiEleâfé. "l)/1 in n edê it
clear {àtthaftirne] thäthehhd made enoùgh corrip.r6mises end Woul of edhere .
forward."
to the cömrnunity's gdihs The continµéd
wishesi
[w e detailed this meeting in a letter to the SLA on April 16 20f8
pridr to a where the ac.cepted a $12 000.Q .fed .

hearing agency
coritest."
froin Woodland and a plea of "condition no Iss es willii thë
baf did n6t stop after the first disciplina6 héaring in April 5018 but
offipes Wrote . again on Attgtlst 167 j2018 asking for thq 81 to
rebonâider and to revoke Wòodland s liquor license. . .
Woodland has proven that it iloes not have respedt fof the gréater
community, or epparently the làw, es it contitiùes to ot/er-ser e its

âdmits people beyond the capacity of the building and
customers,
violates nurnerous safety issues. (SLA Exhibit 39)
. 35
44 of 112
Licensee: Prirne Si (, Inc2d/b/a Woodland

Serial Number: 1 1073 KINGS OP 1251073
Casé'Number. ¶214447
Docket Number: 1435,2018
14 Elev en A id vits
The Authority àgl nitte'd.aff,ldavits from ejeven residents of the imme,diate vicinity
. . . Wóopiand. !
surrqundihg
1. Rena Grossf d
Ms. Grossfeld r%sides a few blocks from Wopdland and has observed dense
crowds of patrons waiting for entry to V\/oodland. She noted her difficulty
. navigating hef wây throughthe crowels, more so after nightfall. She has observed
patrons conâuming
th-e-
drinks äutsÏcie WhÜe waiting on line, b-ut-offered170 comrnent 7
of-
as-to contet t of the d rinksr She ad ded-that-the the crowds
density
becomes worse during the weekends. (SLA Exhibit 38)
2. Sarah 1-Lefler Kafetz

Ms. Hafetz resides at 35 Saint Marks Avenue, about a half-block from Woodland.
According to Ms Hafetz "Woodland is a constant intrusion into myfamily) ability

."
to and pe enjoy our home. . . Every weekend, she and,her fa i y
safely cefully
are distµrbed by Woodlánd and its patrons, whofeave thë bar and prõceed down
her block, often ybmiting on her street, urinating 'on her street, out on the
passing
sidewalk anc on the stoop of her building, even during the day.. She expressed
outrage that her ,four-year old daughter had witnessed these inciderifs, and was
particularly put-r ged that her daughter had witnessed a womþn vòrniting on her
gate, which upset her-daughter. Shë recalled retuming home3with her family to
find a grou¡$ of yomen clustered around a friend whom she believed had passed
out from consuming too much alcohol Finally, she has observed Woodland
patrons exit, visibly drunk and then enter cars and drive. And, on weekend
evenings _(Saturday. and Sunday) she J7as heard fights, and other
yelling
commotion form exiting Woodland patrons (SLA Exhibit 40)
3. Louis V. Gal ieri

Mr. Galdieri and his wife have resided at 95 Saint Mark's Avenue for about
twenty years, about one block from Woodland. He has seen neighborhood
changes thgt he associates with the advent of Woodland. He complained of
'
Woodland crowds spill[ing) on to the surrounding blocks, "every weekend añd all
long"
weekend drunk, scieaming, fighting, vomiting, blastiñg music, harassing
women, and littering the streets and sidewalks
immediate area and the warm weather only exacerbates the conditions, which
become more in olerable.
He explained th at the comer of Flatbush and Sixth Avenues is often impassable

due to the Woodland crowds and long lines of patrons waiting for entry, and
noted the lines; often extend the length of Sixth Avenue and tum onto Saint
. 36
45 of 112
LiognseeiPrime Six Inc, d/b/a Wdodland

Selid[Klueber; 12ties KINGS OP 1251073 .
Dohet ünij er W54018
IViejWs A én4e The patrons crowd the inte ections òf I'Ihtbush and Sixth
AygnueManhiktirAvangestnd Säint Maiyâ Aveñite.s e re dering the
idëWálys iñpáyshle.to ite fans Théri he patronsmrefude; 16úd ibwdy

andson alive They leeve trabh, guch as t ottles, cañs plastic bisighi.angiter s
Ali Whichlemain 00the sid,ewa%s añd.streets idhgáafter the¶h h s
c e . . .
e eat poj‡ f violence wit Woodl p ar en the Ó0te

a q eébg Is fdrpõIide es ites. a yefoed his otitr Ic
m."
fgt I ge regpurces pe. Bute .
0addrgs$thispngqing
he didh staf¼.thid he h#§persénalkn fl si§é or th Weydencý
chhe'viól,end)
of;police'ceffs¶âssistënce. . .. . . . . . ... :..
E e y J e ðb éyes 9tr¼et c Woodland psyro s loyb .

gd)ÿ
kedigrs hutyreã ët fic.cer gest ou 6served
p residëritigatreetçHyld
ppfrons cafry th5 pady Rorn the bar 6 their parked 4(å A.few.
Wóodlany
reontÑ0.pe ø the v htonsoccy d . 2049 he
éigrfirib affidavit, n91ñãÿ
obse d efEGgtidäy three. car doubleypârke‡i 40 f his
y yening
itúsic'
residMice Ifvolufñe áf tlïe pl$ýing in the: éaŸ¾w)ts so leh hat it
caü$ed the Windowpanes ist liiä hõrhe to fattle. Heilso obsehted rdgny peóple
danch)g on the.bûods ofthe cars and yelling All-áf tliis eba6àãained forimore .
n lŸôüÓon i d ni t (ren aré pdt to ch I he riext
deý an# "peopl have to¶ët he nèRt nothingfor wð k. Ne didpotexplain

thesê=
the bapis for tiis cdhtentidrí thât the Woodland patrons arë re pensiblefor
disturbances. He cònclu.ded:. .. . ..
We ¶ñof It the sople our neighborhpod - and :

disruÖting
depriving us of our lawfyil tight to quiët enjoyment, ch S(bbath lays
are coming froin or going to Woodland. We have . . seen theni
firs.t lined up outside [Woodland] end then
agaip
When they
block"
cpntinue the party ori out "Woo and has no respect our
fog
còmmùnity . .
(SLA Exhibit f1)
4. Carolyn Berrnan .
Ms. Eterrnan resides at 50 Saint Mark's Avenue, about one block fron Woodland.
She observed W.oodland staff "over-serving liquor und r conditiòns of
overcrowding, while blasting. music at a. very high volume and blowing out
" Ibrunch"
speayrs She tqp, complained that that the bottomless mimoga
sented aff day on Saturdéy änd3unday results in and
"Teâulafly phtronshexiting
stoop"
vomiting, defecating, or both on.her sidewalk and all ofiwhich0she cleans
because she has a duty as a homeowner to her sidewalk blean. She added
keep
37
46 of 112
Licensee:-Prirne Sig, inc $b/a Woodland
erial Number: 1451073 KfNGS OP 1251073
Cass Alurni3eri 1$4447
Docket Nurnbpr: 1435-2018
thát sh has inst ucted her teenage daughters to take a longer route home from
the subvyay to d Wo6dland and its-patroris. (SLA Exhibit 42)
4. Muriel L Frispher. lth.D.

Dr. prischer subiWtted a swom staternent in the form of a letter to he State
Liqubr Authority For the past twenty-six (A6) years, she ahd her fan)ily haye
resided abotit twh blocks from Woodland, on a street tlfat sl'ie stated had been
a quiet residentiýl street in Pàrk SIdpe"nuntil Woodland arrivec She described
-
the locajian as háving floor-to-ceiling windows that are efterrfeT1open.
She too, corHple)hedof "steady and extremefy aggravating problepfs V(iÈ] noise,
nitina as anWAmA'rdusic that is extrefpfely.. [ggiaCthrobbina . .
roaring"
accompanied bñn¼ch screaniing arid which shesequated to the re;action
of a,soccer fân when a¡goabis score during the World Cup. While in her home
two blocks away fromUyoodfand. she câh still-heer the DJs shouthy. She no'ted
thatithe patig noise: She<added that during the surnnier when she is
adels-morp
patrdns'
using her air por itioner with closed windows, the DJ and the screabs
are fully audible in her home, two blocks away..She stated that th's thusic volume
is unbearable. She recalled that "the communitý had tiegotiated¿with the owner
and Tnanager to Iseep the large windows closed, but their promises to do so have
kept.'
not been
he, too, has peen disturbed by Woodland's exiting patrons, whom she
desçriped as "lpud, a(guing, raucous . . . and disinhibited in the ways of
ineb'riated folks"/ She has observed them loitering in front of her bome ,and
malging so muc_h noise that her.sleep isoften disturbed more-than once, maldng
impossible for hér to get back to sWêp "The ñext in-6minithere is evidence of
inappropriate belhavior such as public urination, defecation into planters, and
streets."
sexual activity with condoms left on stoops and
She spoke of the densely crowded lines of would-be-patrons waiting for entry,
and that thë crbwds block the sidewalk While walking past Woodland the
following moming, she has had to negotiate her way around the profuse litter and
"
garbage on Woqdland's sidewalk, noting it is as if the bar took no responsibility
bar."
for making sure the spa'pe was cleaned as part of cloâing the
She spoke of two violent incidents at Woodland, od which she had no personal
ledgentrat41Tramprireewerr-strerTrrrrclftfie"T
stationed a police car at the corner of Flatbush and Sixth Avenues "for many
Sunday."
hours on Thursday through During those months when the police car
wäs station¢àl she noticbd a rehlerkablilñiproveñíêIit Tin nenbh¾UÎ00of the
subdued"
patrons in and around the bar, which she described as "more that
enabled her and her family to feel safer. She reported that when the polióe could
. 38
47 of 112
Licensee:Prime Six Inc d/b/a Wood and

5erial Numbeh 1251073 KINGS OP 1251073
. paséaNuinfligr: 47 .. . . .
Docket N mtier: MS5-2Q18 .
no lonÛer rñainta fliis evel suiveillance, the behavior at tNé bar ."re ressed . .
. Sisnificýùtly."j8LÄÉ¼liikit 3) . .
eýe years ths C6chran, her husband and th se childprk aged
14, 8, a id 3 y s f ade, Itas reside¼l at 57 Saint Merlfs Avenue 2 5 féét from .

rd"
Wóõtiland's e t ance and a rnere tweaty feet frözn Wóctdtahd's backy
knAf$àótsrizéd W odfãñd asPriiàhtcl 6 begauseGoPtigesitius 4 9prurtiê
openedV2012.as a. quiet resfàufant, blit quidepedhuired the att tes pf a

nightclitb. ShëQo noted)at ¾fg9212n troneei ady ‡mih lber ätdqp
orin front of her gme; bripate ornthe idëWall0eyeri2a t n dayligh dursgnd
arnoke pet on h sidop odn fønt he]icuèedúrihg all hours
whep
Wqodland
is opqnt She expressed óüt?ä¼e tha0NeEóhildrendall untler th.e ag of?fwhive
pears, how rec¼ëtsieWhiedðQõf mailjudn hich fhey islikajntl a fófàed to

breathe it as they pass the offending Woodfand pâtrons
In addition she clairhed.thät Woddland pet ns hold cups from. Wd afid That .
coatsiri hlcohol, Whiöh thèy consútne ir¤&nt of her house, of drink prof$ liqugr
bottleWhicItths dëphsit With other.tra¼h i ber plahters S to nc d that
fiy1$s priMa hburs?butinest dft t 09 M $b0 (codfend
cidses; Ms C shran is "fomud to siëèIfWith a y/hite noise achi at a hfgh
volutnpso as n6t to be disturbed [by the noisé generated by W oAfar patrons]
she has called L1 and 9 1 around 50 to 303times‡§he beliegs haÚÊBD

spent."
resources could be bettër She noted that during ttte symmepof 40 7, a
Woodland emplofee, who emerged from.]he directl6rt of Wood .nd's side
entran‡e on Saint lyark's Avenue, .i1efëcated in the tree pit diréctifir her of
rõñ†
house òn át least 20 eccasions. She and.her husbandhad ncf ¢heice ut tb clean
the seás and eventually captured the incidenton a video, -wh the brought to
thespeliceeThey slso confrânted Woodlali&s rnanagenient after Whish ng other

incidents occurred (SIAExhibit 44) . . . .
6. Laüren Daljiluk . .
For thë past lyvehie Vears Ms Daniluk has resided at 96 Sixth Avenufonp-block
from Woodland. Shé has observed Woodland .patrons. cohgregate o her stoop
to "paity".both before and after the Woodland Sunday brurich. S$þ b s also
observed wornen emerge from Wàodland on tunday aftemoons, op$n her front
garden gate and use her garden to urinate and defecate. She knoNvs that the . .
wornen emèrged from Woodlatid because the twó other bars in the ea are not
open on Sundays.
39
48 of 112
. Licen.see: Prime Si Inc. d/bla Woodland
Seriá[Nutnber: 1073 KINGS OP'1251073
Casehfu,mber 1 4447
Docket Number: 1435-.2018
She ;cornplaiñed pbout the V\(cod,land patrons parking near her home, because
tiley ark loud artél drunk when they return to their yehicles,,after.imbibing tat
Woofilitnd,-
Ms. papiluyn like so rpany of her rjelghbors, cornpYainéd about
Woo'dland pations distujrbing her and her farnify at 3;00 A.IVÍ..after.,cioiistiélrig
yquor"
"ýnlirnited quantitips of at Wóodland. She also expressed conc'e,rn Tor the
safety of her chil§ren She also noted
The gt,tests of Woodland park their cars by our horile, get drunk·end
driv ãwäy, Like anyone enjqying -thëniselves they Tr.equently
continpe the loud laughir g and screaming-going to their-ca s. When
we have cphie oútside at 3:00 AM to ask the partiers sitti6g on 6ur
a+nnn in
quieldown-we-have±eertshpyrtguna.Jhreatenéd_ant
told to, mirld our own btisiness. We have three ybun^g childreti who
live in ourhome e should not be afraid to täke them outside on a
}
weekend for fear for their safety on a weekend4vening when these
individdal stumble out of Woodland having òonsumed unlimited
quantities lof liquor.
If the pardy remained on Flatbush, this would not be an issue. if

their patroñs used the subway, they v)ould have no reason to cóme
into our heighborhood. We know this from the experience of
Sugarcanggwhich has been open Jonger than Woodlarid. Their
clientele hevér parked cars around our hóme, and if th'ey did, they
respected{the farpily nature of the neighborhood.
(SLA Exhibit 45)
7. Lemore Czeipler
Mr. Czeisler resi|des at 90 Samt Mark's Avenue about 200 feet from Woodland. .
He, too, complained about the excessive noise and loud music that emanates
from Woodland with prediótable regularity dn and Saturday nights and
Friday
during the weekend brunch hours, because it is disruptive He noted that
Woodland distinguishes itself from other bars dadjacent to it and along Flatbush
Avenue in that the level of intoxication by [Woodland patrons] far exceeds any
disruptive."
other drinking establishment and the noisp levels are far more He
also noted, [t]he patrons that come outside the bar to smoke or stand on the
sidewalk to talk are somet mes very disorderly and block the sidewalk while
"
[Woodland] in the middle of the day on a weekend. He, too, expressed concem
for the safety of his children due to the disruptive and dangerous antics of
Woodland's patrons. He noted that
While bars like Sugarcane and Bleachers have been respectful of

their neighbors, Woodland is consistently playing very loud rnusic,
40
49 of 112
LicenseerPritrie Sut, Inc. d/b/a Wbodland .. . ..

Seíial 146mber 1251073 KINGS dia1251073 ..
Case Ndmbgh 1ž¾l47 . . . .
DoôketÈüifiber: 1435-2018
pattib larry. o.n Pfiday and Saturday Jiights. arid week nd bdhnch
tirrie . . atlje else pan.be heard irDresideMes koündhhe bar
Nldre wonyirijiy, honeyer, the patröns ate irkdxiéatsd theli .
very
leáving the bar . .. . tlie lepel of. noise. has been in$r lbly
(SLA E h bil 46) . . ;
Mr3(fi es ps4ésidéd at 39 a of N rid %vei ue for t dysvb ) yB55

ehiti9 f vit tails the géngsis of Wópdjan0and e t itured
f NIr. Of télh's int tions.Vith Cornmungy Board Sixu ànd other

bistéry
rifemb6rs of the eointnu y since@011- Although interestirigmndjhlightening,
otheÚ n reyeeli tÎ at r Of htejhis)net ¼ustworthy an31act s integrity, it has
-
little¾elenaeeehth re ntyn áés
I Étt idgers niplaints are cãn istent with hose iticu ated n the even othe
ffidevits,3lread0djMussed 190 noise, disruptive pa¼ent, dfú k ‡atrons .
verñitifts, vidlence, patrons crossing the side àIks so haie (npassâble .

they
patrans blob)dng entry . arld. é§ress his -.home xbedause hey have
frÄnt
congre ated on his'frbnt an(the cheonic need t6 seek p ce a is nee
stoop)
But his äffidavitlis s nôtive for 6 séývations; (1) le ha eliveÓe e nde
198 we did not have thbse préb erns with SuÖércane or . . BÂrglaýEfatts ; (2)
He has fouhdsomifer hi stoop prihiä block a¾d on the sidewalk at d observed
Weddlând patrons tifinate ón thesbaclecleot _of Woodlang!.
t.
It is alsh distinctive for another reasoh: it ieveä s that irBNia ch 20)1, a group
includini Community Board Six negotiated .a long stipulatitin . .. with Mr.
Ofshtein, rnost of vJhich the SLA discounted: Qne stip thát did emain vas for the
owners to give f their liquor licënse Tor the yard. He dded that
up b.ack
Coñ7rnüñity Epard Six opposed renewels4efNr. Ofshield's lichnse 20]l4 and
2016. And, he noted that a CerhtnunitysBóard Six meinber stdti.ng thht they had
ñever received so reany complaints about one bar, and that øther par owners
had usuälly fòund wâys to acconirhudáte the community's complaints
He revealed that he has been abruptly awakened by loud .partie ur der his
bedroom window, and found the nóisemakere carrying Woodland bBgs When . .
he found a comatose woman on his stoop with others, he asked if the had been
at Woodland, and leamed that they had been there. Whert he fo r d â small
ontd a friend Who ù/as upén fiis
group holding th/6wihg úp, ing ry, th ÿ ádmitted
that they had been at VV6odland. And, when he finds people on his
congregäting
stoop; he always asks if they have been at Woodland; inväriablyr they reply
41 .
50 of 112
Licess#e: Prime inc. 1/b/a Woodand

Serial Numbet: 1 1073 kINGS dP 1251673
Gape 1 447
Number)
oclset Nurnbèr: 35-20 8 .
*
"yes Despite tf ese cpmplaints, he conceded that the patrons on line are
denerally polite apd patient (SLA Exhibit 47) .
9. liarry·W1ip an
Ifr ·his vife,- and son have resided 5,6 Mark's Avehue for
bip,man â† Sáint
seveñteen years acros5 the street from ·the-garages -and the Woodland sen/ice
e,ntrance (btack 4tear deor). His son canngt slepp because of the moise frorn .
W6qdland, has adso disrupted Mr. Lipman's leisure tiifle, As he cannot

whicl†
rel with v indows of-the - -
open because Wobdiand noise.
Irt 2011, r e, Mr. ttlinger and o°thers negotiated and drafted stipujations bet ,ccñ
.... .. Mr 9fsh inithe spl Ier of Pfijnefiý¿.‡nq. antCppmtinity Bodrd Six lat .
concerned the operation of Woodland. I\/lr. Lipman,produced a copy of a jefter to
State Lfquor - dated 28, .2011 that included a list of-the

the, Authority, Máy
stipulptihns, Thegwere presente'd on Commpnity Boargl Sipleftierliead to the'SLA
a'
on Miny 26, '2011; hei attached cobÿ of the letter thdt coritsins nineteen
stipulations. But he did riot pioduce a copy of The stipulations signed by Mr.
Ofs ein and C&nmunity Board 'Six, and it is not blear that a copy of the
stipulhtion with s natur ps éxits.
Mr. Lipman stateçl th.at since 2011, Mr. Ofshtein has violated "many, if not most
stipula:tiord"
of the anèl.identified the transgressions: .
e Wdodfand use,s the Saiftt Mark's Avenue exit door instead of the
Flabush Avenue exit to dispo e of trash and recycling
• Wdodland,has failed the sid~ewalk
consistently to pick up trash from
arabnd h restgurgnt;
• Th se associated with Woodland, patrons smoke
including
cig rettes.around the restaurant, particularly at the Saint Mark's
Avgñùe eRii .
o Wáödlançl hllo¶vs employees to use the Seirit Mark's Avenue exit to
entâr arid eXit, and to smoke to gccept deliveries and;tddispose of
. ga$age and.fryer oil throughout the year at all hours;
Hp, too, compla|ned about exceèsive nolsp, and conclu led "living across from
Woodland has yeen an awful experience and has seriously detracted from our
ofhfe.'
4uality (S,LAExhibit 48)
.- ........ . .... . -.. ...-. ....-.......... ..... .--....... . ... .. ... . ..- .. . . --. - .- .. .. -. -.... .... .. .- ·.-- -.. .-.,--
10. NYPD Capti in Jason P. Hug-estad

Captain Hagestâtl has been 78th Since
the Gomnianding Officer of the preciriCt
Maroli 5, 2d18. He kn‡ws1PriÏne Six, Inc. and the restaurant that it opereted,
Woodlarid He r ted that it is located at 242 Flatbush Avenue about one block
from the precinct. It is also visible from the precinct. Woodland and its disruptior
42
51 of 112
52 of 112
N
¬
?
e
53 of 112
e
úW Is ¶ùé u
e 6 0 euë
(ezins 6 118 BN a
Tiepµey
eq egg uo so 1 eper oppus u e 1 o uene e
9
0
a
191 ?6 3 B u pl e
u uu
Oeq
†d68
MVGS W/83 5/3E/0 tug p k&Qd N
e uo s e e
0 qu o
d es
g 0 u n
pue poog oupx
e/q p s euk d ;eaggep y
54 of 112
46
st ceHers
by di5turbances reporting 311jogthe and this
photograph upon withNviridóws
floors sedB
uppelo t and entrances
tivo depictsalso Avenue.
The
phetograph s ark Sentto ÑieNue
f le A Si ef éntire Bâkery.
. ength is occu$hn building Th
as ñoW3known
H Gr and'MusõIe CinnamorfÈirÍ
. Mäké by
Wdodland bdildingnccùpied imagelhe captu
g e of es
@ The Woodland
of fagade Avenue
Sixth theof a
photograph produced Authority 13The
withilns to n'g anyth dÎtÈe òceeding
earHerthe ó
documents, h if
that indicating
endant
ofher arid s, pléadir the she
pF
duced
dacobs Susan Berman Fnscher, o,
Carolyn
Munel té o Ehn 13yor 4/yoodland
Eres£és tor
tlW e xthS 78 ériBMrR6
A 29Plätbush lhling âEllèrs
2 at
y ade ere gor arl ooc to arapcifically
dbuted were cajls sExty3one
I) (6
mng ema anedhe
ar su Ble&chers
.and ubheas bark ¾therto music
mely calls, loud
at(nB0ted ©vepaller x s aty NVPD.
(66) remaimthe Of the
to ellergknown sancenu chro:uc
a s AÆorres 6ecause unreliéble
Rs excludea
ere sefen
ch calls 0) p
áced dorres
201 29 $1arch roùgh
t
rid ces ur feporting panod,
cälf 36 e recor 8t&s Dùrlng
eÝds he
M 9 f 8 EUôá?ATiñlQ2018EMå
3k0á11
n é U2038 õn Ts
rF à‡e ant re he 16t PAs 01
28 r gInn as
10n O S an Or
w 003
2 )th assues5oc
lifef a idt cahygpodto
A arí6my
s Bhca 2 o
dredü no
geyean rec e or o BDpa The
I
.
2 q aenn
n 18 13e itcallš an the
nodfor ir
snpt cor evae eygre as
Ô 1
RD BC S reGOrnCe
yp ciS n I e ea TO Og .
S
a SÓ I GC 8,
adn e n pro
: e e e Iz ac g W a zea
n s to yme
af4é it ear u r a s
e er dan inse ba o a
däteMA
e eqnt gnlos ormn p e befo
pl 018 the er nce s n po
eà
deal o s oWriew o d
& oree ear t .bu nce nu and nt pre
. I
es a n
11 ead 0 éther4he tie
toW n
ins plead than chargesthe abb lñfórmation
r pleading e
8 435
26
51013 QP KINGS
3 25 ériaLÑumbeO
Woodlangi Gx e
no.11/6 censee:P
55 of 112
:
péu e dtuoo
quri
It e
dAop oby e eead
eube s 5 sni 6
ejeg go dp
. rµq eqtiedò Astou e6nge6
steeapuepoom o
Tã
b o nS uo
d e
g s
A oIsn no u s o
o o e Sue eno if is a
6 U A e O OS OS S S
qpnOJM Ug e o
pnopýen e 6uµi11e 6ti as ue •
ue)p o e ú e e ù j
56 of 112
NYSCEF DOC. NO. 11 r
RECEIVED NYSCEF: 11/20/2019
uspeoMW eqw1op6ut onmsnw pno o
p e w eSIOU J p S OO
eg pnoo eqe As pnorco s coogu1 aseq cts o
e4p
ne us c HBO co s ueq n sp
o ope e3ee pus
atg uewµede eqr u as see slurp o suE
W 0 SEG S uêdµede at| p s s sh0 o
p
9 y ueqtun co
pu od aul
jqj iff *9 east so
57 of 112
49
entrÿ.
bach attending codes
NVPD the ,explain
to logs caU 911 the exemine ñor
tiñie",
he did
Directed? Pat/öl: "Vicinity explained
ieitherhe "cornñ7unity pâtrBl",
and ct r d e
explained DiMiche Sargent Ajthough
nti 1 eë itehding
codes and other Wicinity
doi†tmentà añd d' Direct PatrõIs! of meañing
the inuminate
to
magle entñes, efförtno
Otabïñy lbbe a&ìition theg
Iri reTefant identifyi withopt eÿjden
nto
M6rity fithifWoôdand. d!Qd
oi3uinen
di3hPAù e pa 89 an in a r en These
peaf .occurñrig
beén äve Jnáy what inforrnation
abóút
ether any
f protideriot tdo ntnes descriptiveThesè
M
on 2019.
begins nod p
evantre ndleddhe
As ending
6 March on 2017 1
BrooNyn, and
onMarch nning be penod the for York New Avenue FletBush242 at
W drÎce dsh‰Îs prediÎc
5Ú Öte6 ÑY d 36a ú Ï
n well forÄhisTeaspmas
evidence
e b inadmiss
s ed u h1
proper and record theo no adding >ve
a turn and ve repetit
N4ogs enn r conclusior
ãt to
reach Iogsan 9 sarne the on
a 1 p in icpresources
p
eed on n wdra us n presence
n f Woodiar‡ssa ctive
conclusiorisanat Tor3thetrams
ise q ye:plair clea Bly
end thi tþstilfjuny liele'ã DiM ancESargest
9) St dâv s agestan ñiention3NatÛapta
Ethin of y7t10 Fina
con annetAe the because
anÙMIDne lusive are1nco felevan
sc tit t s presence
rid esul â 6 a n 6
n {fi
o me e
s.ence e ver Mo e
bat lêsselachn
n n nle
tons,
ecome en om the nes en lear se hengg decI
r n Sag ain ca eco ac n en a
o n ns am s ain as
ë
N o n d" it n c nolât toes I we s
VM 60480)
t (SqE2hEt
8 ohce fo aus 9
twe e
YRRrecord 20 oríNarch e nd 2019 onfeerdary31
a a ntr 1 er (Irmg m cted sxDir Patrõ nity ic an Time
tes spg re The a aftgregon
chnIght the
en unday on y énds5Mtmost
e he ut roug
t occurre
es e ad only ma
afdheshcans ansoverwhélming
on fe
excé Wdh
M s ant Complan
orsee HaraseglenÙodtside
pro.gress)
Ir) onrne ther ê0" uniforrn/ officer:
d,
c such¾s3âspstfol
6dlai outside
W and Withlñ
h debts inc
6 spécif
eg T
1251073
OP KINGS 1073 12 ' aber ShiaLNu
5ix,
dlañB d/bZéWp
c
LicensheeWrirns
58 of 112
50
ago.
need nó findI AcEdrdinglý year one reselvédYhofe charges
thari were thht
rp-fitigating inattention
of dangerthé to arl sigjgeñts thern on renañce Authority's
cudwilativë, prejûdicial,
Ñe
end rècoids these
.repetitai aW findefthat frôm
hart evidence exckided5fromproperly record,
are the clettenng other
and thah
purppseuttle serves that repetitive:Information
and contain records cumulative
these theWe irrelevdnt.
thst nd f defnsN
tol absent Fürther
of if prejudicial
mayle they as evidence into records these enter to deciston
my reverse
2038.
fot,reasons3p:eviously
articulated ,Thus begins repords
1 Apnl on NYPD
for period éyÊqyant that poncluded evidenagebavedready
o recordsan
the ron2f adm the comp not does alone thãt relevant logseare
caD these
hhe o ea a
contesh of .entered Lcenseethe
ch to cading 2018 the
of eat sub haveJeenge
ma thscussed,
pened this for rl5ances
st d repofte; As
7) Bdiib S dddum page 41
a thppes a reqUeste calPlogsiforJhe
100 e ach a die response
1Mr src danuary
4 20 penod fönther ew Brop
evenue us 0242 Wogdlan ocation gs.
õf e or ca Ive cole fðgm
can D an 311 ÑYSD for uest e onse es
i t arsico Margan
n
Acounct theÁuth emalKto
an t ser aves argenA Me2 O
t ffida e o Gre n Serg RD N
6/17 o l N
rgves rego en
Affid
D sr a ecausedhêy ev të ocuptë se th it ad
6 s rse ccor 10 r
ould r a ito asin ance
e li es
not tie propegwa e .r
hou
ré
e tab¶shmen
e o nges e e s adm
6
n no es r
nce re the rlical idno o
-...
. e 56
e nts Go eNYPD ueghfo
a s e s
20i9.
âk8 bt (S Marõh and ween be an
2018 20 Ñlarch occu
éhahore Bre
èñ or s túihultuo o c
d f co
M cdes rs so n nessinvolv
en
unipho0oh drivi
ting fi
elé frevea @feseyecor
20
2 f ou 20 dunn
Apri efd e o re irëEoseges Gr1
a e e ge ha
S) e sp er ng er s
and
an Joca n alleg es
tó re they rles en
these
6 T@ievance
he iff 1der) Authontythe
not did 20t8 j
2018 435
4 se
OP1251073KING§
73 4251 Idlflumben
d a Wo b/a
59 of 112
. stemeuel
] fle ue
asubõ[ o ejI o suo
eq eylaselde1 Buit u uoo
Geù 06 Abe ptI l e s o suo s o d eld bu esil o e0
pu
S
9 8 0
hpeecoJdfaeund oni ue 6u pee d 810
60 of 112
eîiidè d êWtÍóí rÍ6 oeë pë
esnèoëq sueun éÍJ 40Íq/A Buiouep
DS
p II 8) S UnUJlU00 0U
eog
o n
eq 101 e 19 su ou He A
oa e e o suÍ O 9 uogse u lot e m S
en o uuee us gi n q uo o n fd
e n
peAeU}ef U eAU
9 Je
s e eAl eAU Al Be
q se
61 of 112
53
pponed fe hüs,
and (DJ; by
prõvided mµsic and niusic
pperãflon ecorded only to
reflect
ôf od N(et the change
to Mr.
attempt Ofshteih's
that nferý notation, ighofed
itÿ Auth the
ressBnab
cariI s th or Based 12) pagèat Ex
37 t b (SLA
C dÎ/IDS
IfÑÉÖÓE
BEER WINEnhlD 41QUQB
SERY/lNGNGE RESTAURANT/LO
GPERATlGN
OF ETHOD
on nó containsÃhe
28 uary Fè on and.expire 8 20
036 47 tebruary
on ive
d w en e2 Operation. becamethat hcense
pvent any lñ
f Method roved ishn
e then the
e %cer s a thang ytth
roposed }he Ignore
to wodd Authon the whether
o an
approve0 change formdo Ass
a using censee
ncedf rt lain roony)to
test any nor on
el
citeÈ Ôperat
of d
e heBee
of e
99 r Youp
shih forñUtd
s h se seeg Lic
W ron per
MethõWfedõ i dr censées
n his
s e
establ operating esfor
pc p r seventépr
a
on f
ca n c no for lon onseefan
t p
ca es
ron
i
resÉ d foa a nev
o t ast Í
and u sa u s
ne
& e r y
andd ontyt
6 0 y Éêbn
M e
jcense Theof até effective
he
s 6 cat pp L
i 2014
in presen htein
e
t®felinb ridf gnàtures
& inin stilitiPTAW
W
fã (s0A1
0 4úANge
Ave
& $fW316885c40 n
Ic 9 as àÚ
â 19 oxes on mpsic
n e hve
Woodla ra p
r. end hea re
ty r ein Ofs
oñrd corr1rnun loca the ng c not for nformation
seek canon appi
4354018 N Dohket
073 QP325 KINGS SeriafNurilber
4251073
62 of 112
SAPA.
to iil IIrsua rate ob'e to perrnitted
been has but appleation renewal another
MrÇOfshtein
ng droce submitted
not has
linary dis upon 2016,
ribarked
e tÿ o the
Aut 12 February
neeSi 16
§cltiñg N.Y.
of Mattet 2006) Coïinly Court (Silprerne Cantor,
v. 1243(A) Misd3d13
Peóple See efy
" custornerš
his of
act he is
é fó respbnsiblë riór Oyeed efTip
js
nork-rrginagenal
of act everyor responsible dent.
not s hcensee c
tag A
crea an anstrumen
was managemen unlessn o v a e
o lish
h JS
0ÔQegdü incident uríëxpèôtëd
briefA its
ékistenâé
itton tö1ersted
end
co the known should5have
or new er roana
or heensee shown
Be remises; th th
must disorddl permittmg enng su
and of charge
a n bustaTo
1 hibit IBM me.disorderl
Bed
to pgmtses cense the ermit and er su o everages alcohohcsell
o cer ers an prohibits
filch FLaw eAon
B Ico the 106
on f vis violstion
in
ne iso rne be he
licensed
d frm or d er su hcpnsee
the 018 on thel lleges on A e T
. ence.
suštaine
s ga cha The evi tant y ne Charge alleg
ôf on t
3C t Ñè
SiqÙ Rë n f a
) rean $ùh ) í
BC isia the3e
y yyergra
d icensp enplon
a
e of
na a cense oraa a s ons
a ese
W IIM oA rm' on o blig ndo a
NYCRR
.
e ran er See
M encense e
öf co
o as a
g mal as
O M
In S Sha 9 anGine no On ra
C
out t ate & nten Is reyea stently ons p p
h
s gg
i6h e o xos e
tflé addition
mo cre an yera is one gue to oveason
ind imonyd
tes
Ged o e at e vi a as Qiesactivity reco phd abse gy ere
hoe
w
. p e nearst floor n g cir
irst e pàtrons o
served
h odlãnd ófi idñ iñs$èó 20184 DevisCMátch1gátor g Finefly
inve uïi
e12 pá t 37 jusicWTSLKEkhibit
ve eco oä!y ng
end prov
n Ofshte Mr a rene icense the on it con n át res re or the
t o
.
2018 urnber
t
àR3E51073 12
107ÈŸÏÑÖŠ
SRlitc. b eÖéÎNÌÍ
WoõBlandd/b7a e Pñn cedseeï
63 of 112
55
the o irideper)der
evaluation 4 eváluatiorhof.Charge
d an for
isindit because néed no
sustaiñed findI and 4 Charge
itWll titi6n not is chargethe AccordinÖly,
hecés evaluated. withiñ
ú avo be
Char withir rkt
includéii
is e char This
.
the
of 5A8 RWe w NYCRPt4È
(9
H accordance rÁutÚöñts StateUc
revocquon heensean o s
or tâuse the suspension thÊ F
all DJs of or
ul cancellation,
was cense and dancing
su under mátedpe issued;
ch y premises½cense
pròVed afid for
o on the for apphed
i6ñ7 thereto amendments
to M the9á set'forthCih
ed fa eldensee
t spYesántatióñâ
2018 1 Novernber 0ál ith m cönfc
before
or on that
½ ½ eges
al Th0Authority
Cha
ned susta
s 2 Chargese
and prem erly
psoa s
and nuisance
a ng be
eaf.
re ichW ears onks en
to o asis chw&to
gmmun all bánces
a o diëte ehmmatethese
5hù611
Ö BT21
5 effo
e e kn esTd
en
. o ypevidence
rgora
rf ov conta)ns
r then recorc(the Fina
re
a s coâdo use
00
Tea:SUTr
0työf4ts f tfitarn Nn
pr the .
f on
x ral 0
Û as 1684 es pre
e a s 3 ÉÍ 28 cense
ra
res I t r n
he tûr
o em ed s
ns
a
n ehesearid Wood
and 2nne
r x My a such.ay
rmof In andRinreasoriablexnoise
a at US relenuess
r c owe s
ce utsa ear
s fid en
hit Öfshtern
n
GHar an
spussed
s
uor e
e ea exÂeej91
wl
o the 6 e
r dili
e ac t
06 e e
B n of
pr ffen
tütë o
s
pr idert bhc. Së 16 eWe
ande0 1
whennt dê1y corisidered]2hso
cor or rnotality
se rem
censed
A
) 49
60 ShitâLiqÜÜ½ithdrity
Memrk NÛÝ staùÑinik
6Viqbey Ñ
tle
Dep't (4st (@})M1
150 D A 602 NM2d
74 AuiNòrity 54 )v
dènied
IncMNewYork8th 0)
éfâÏûâit
M935-2578
umb
D
25ï073
KINGSÒP
1251073 Ndinbe
aWooala Serial
d/t c Sixe
cenÊ
64 of 112
56
Three.
Chégeänd One Charge
r al‡ggtion
s th ThEAuthority
presented '7
can the to a
fronrWö6dlârid halfEóól walkinghile
table,
it ea still .and a fór oùEide SJaitlñg ïhuãic the colild0H^àãr
while she that
noted She tiours for
aboutfv/ó partherher
Woodland Within rerhained und She
conversation it so was music the
revented thàt oud that thät but
commented
fl6br obsefitégdénce daricing.
hot Sheedid stop itó pations däñôir4q
the telHrig
notone
d a tables at1heir dancing patrons rp§taurant
the of front the at music
p3hop g pigyi DJ a observed mmediátely
she entry upon and atANoodland
or g
axwe0arnved vest anddr she Novernber
On
P 1(45 around 018 17
inúse reco
lishrnentésta
entercan
M6 e anformahore
Is t Ipon Bas
expeá she 2 -angi 2D 2G7
2 s achrñe M2 E surv on musicMt
aDJMSLÄ ceròf ecorded
or lye on de perm n
ild that danofngcanct
t ould rt that Operation
df o nUed Est ands Operatrorg
of at es .re had
icense ed dJan‰Shejoo
W ated ellanve W Investigat
7 d stõirear ãã)Yada 2018 eébed25 20f0áñdSN 2Noye
On
8 25f2 havemberef or Dion
a o presencthe
n fã n 6f a e o
u aŒf gaT anaBeTf rEuggn e
nd erat 0 s
resentätionsdò eslicensee re s docunjer)
àlile.
s B t e An be 0 base
sha a DJ a ánc to
andg ed asatsert aHega sgne
No re or
n m pe an angIr[g owing
a see ce
of S SU
ss ½tt i a ma y repres
t tond
a aTê g r ev eshe e asi 19 e v
he ggrdize atoens supra Gae evaluationpf$bârge
e t n a Axp Äs
ned
340-8W NY [Q 19 pornulho Ru.és RWe
L Stäte the6
50 8 t
anse ecor dice 5Å
t o onsuspens garteeHahon
on réyocafor e ca
p a
ad andjg rrni eds as edyfo0and was cens whic
such
er se pe e n ther dmegs}here
ved ap or on cat app
vern that time ho
fi h0third âÏl
thÊÁÛ
435i2018 NuñWehs Dec
1251073 KINGSOP
73 12$j pñàWuniber:
id Wçbdla Incid/b/a
x S me dâñsëëWr
i
65 of 112
ped
e49 peJOR eK‰esueo on 0e Bu cydoe M e
q
e}n Ul 9 a o e edo
ol suogelueaeJdãf eq1 o poeds suogelüéséJd CA{duíòo o 651 (e
a e o eopep s
p el 5 o i o
pu u2exe
essueon eq ssofo JŠuu
9 ( S) en
äü uo ue enue s a ue
n
6ñ
o¡ uurnfa ú%uocaja03exes
Á se notos otsn
20d
a ce e q ne3 n
eg en
ca $uØu!qu(6R dued etg s enea
Bup p eu
u e
j
&ppape en sogeu o os o n a
púetpoorpus ¶@ plís peyo os o e i ué ao
66 of 112
- ¬ 58
attê5ition.
policef¼r poiñt a
focãI becorriing premises liáehsed
thei éd 0 re has eri)es pafkirig the ir} pr e
censed the bf of prer
28, disorder,
ceñsed
I to-th or;adjacent
of frontin 2019 March before and on or
hce,
m
sconduct disturb noise
of ÿccurrence
thet alleg!ng
th 53.1(q)] NYCRR
9 liquoraAüthoiity
State
thë of Pxû1es the of 36A(q) Rule with accordárice
r cense cancellatibn, révoóation,
I o¤he o½uspension the àeeks ÂüthòrityThe
Charge7
sustained. abevidence.
are6 and Charges by
substant charges
- r | -
then doubtt noteason
n therefore corrobora photographs
monyd test her ed
4B) and
A chments a 2 hibitE this
actlyltyc(SLA ographed ph p
tcherssod glass
rpgr ne m 6 n ul range stcortlatningMIm premixed pagnng
rohse lheinspec pl insthejarge
adugagfb M
nnk he emptyglasses4v lygefilhng
n sawibe she
c6 waitÉaff
[ e edfq OxJea ynn s y yereo s n foygeacu
em no
5 ä i IgitñfXÖláñtöü
t hyè¶dùf r
s as mat pOUre afSerV8TS
TS pl ge a n Un re Same
e r Ce D0 SO e Ul Ingfofange COntsl
S
er do ins rexmixas bsa mas n ess om andwbc
erved that
cod er e nvp an e theseanspectonsys
unng lar)d Woo
d e op n nves 974pber
Ns e tole ora aciurer man toe om feceive the
hd!ne contatheÈ
aservin er o õrMio rer rpanufé
W 1 r
13eâTed of thñ rqtroprgeoritairre
p ee shoegspø heviderfcetof subs uIres re ptheseigharges
ant stann
asqece beverages
c o a
containea
p co i gillGtmor?g daduffer Whmntentionâll d
geu p or gpnsumpt pmmisps
pa censer àIn re
o awa as siarnps excise
te
red d a revenue
eral e alNnecessarys
with together hpn aù of1hedq rules
3he b regtpred maybeas eretoEuchdabels a
xed aff â sha0
5)2018 M r u e Doc
7 C
érp125107§3KINGSpR12510Ž3
m Seria)
tjcenise:
rhe$idnod/b/àWoäãlahd
67 of 112
6S
ep ue u e u o1
o q e s u pj 6Üï e
s s n s u se en De
6 q s ue Je A1 si uunp
eBje sn A el0 DS
0U QUe UIUle}S
6JGq 8
0AI UO UO % 001 0d3Ô 10 00 EEUlWOC SeSIWe
68 of 112
60
Woodland Jeaying patrons e
Intoxiãated
ñitisic a
Loud
proyds Large e
ngs.
öbseNéd
has he indhispatrols
Du
ids, everz
arid obri eft ay in se tirin r sÊc r
Blih ludirÜ h distüfb
bthèr rho
disbrdeMarib crov)ds ãbout cörnplaints
t that nõted He liries
randondong alcohol, hts,
pa disorderly
and over-serving overcrowding
as
of i
issu life
sodentified to'address
quâlity.of Wopdland surrounding
area mmediate
the patrol regüÏar!y
so a Precinctthis frorn offiõers that Precinct·credibly
testified
thr78 ffiserifor nàtk Cdord ghborhbod BargeTit±DN1chéle
urthe
Né a
presence police forsa ppint focal
a becomng otand of probative rehable sanherently
and s
affidavit agesta
a edecausechar tosustain unnecessary
1s
th that n anformat
9) and are we
safety.dSLAªÉxhibd ealth their
71stires pñlhate p the 6ther deprMfi
idd po sbf rëside b the Woodland
o pyerse of.
duetét feeditõ ar etcommdrüty areas other pal
O a GDNIS offoer eXpaintr}ÓthGt GSeyices
ur 00 sesQrain
ca
hurd le4-concldl btfse3 ex a arasBffiër
hie n Assa arceny suc0as am r e
al .Grand ed repo
en se d[eno ton oca he Ice se
sof st for sts req
ge) n â ear one lyanoredhan
t ed g si
nà
arc gpm ment1 appo is ac e ep s a for
te d e gate
t d Jewe9 sh dund Est n a n T
3 e ve spast nor de
didouslc s
probi
sere ISSues andCp
so r
as fibor 1 r re e
st ent ou trem'en
e a .
St -Óa I a C00U S fSÎítelrNW
b
60c rove on and ofdifesssuesquality hese resol0 essCand
jo an n ein icenseetfie reatésidentssithe
and te el
x Boa un Fi W meeting
a hosted be
017dtheappoinct IfpDece
of s
Wóodig@ senient
b nd floõr fi onîhé
g r d o
BeveRoveedr
fe; o Uj e gg éthéUndignities c e on.an
nish andn unnat
pdbhoc m dÛd prp ts ngdfI e ver
park drunk
as süch dfetûfbandes
ó r to 31 cathng
ar0 931 ý ts1égh
d Res
M43552018
b ocket
.
1251073 KINGS 1073 12 umbéY Serial
69 of 112
u atuo u s¿ep o uw@odoge pe
p etu e
s t u as u 1ì0 u o s eo s os ou d s H
uo n e þ u q1/
Igtgél amiliay
suo e sse o e o Bu
p n e oelu
eMM6u suo urf o pañJesqo seQe elqb 01 edigipad
puc oeads pelinppue salstín oneo en
ge s uipeqp61.ñÁ s p pl e p o Š a suo seés etµ
60qq6}pué e s en u suo.qe •
SI0L9Wdo SONDf€L 9590 e99S
70 of 112
62
unrelenting
and continuous evidence
of has
overwhetrrung pr6duced
Authority
the ‡hht findI inhábitants welfare,
area" the 6f the of safety
or health;
the ectDng adypreely these.conditions
of evidence anha subs by followed
both br obitstpátfdhs condddtthe 6peratiôns
its frórn arisi Woodlañd]"
aboutor on disorddr
or ohnolse,
misconduct ,disturbance patfdrn continuing
ahd a
s0etainedof Widence subs
antial rë4ures first charge this Óuståining
are
located prenmses
such wlmch areaSn xthe nhabitantssof
the of safetyor weirare health the
affects
y e adver Which patrons the cc
itë conductsof etremises
of operation
e slated remisess teensedthe aboutor n disorder
r misconduct
sturbance ern‡noise
pa còntinbingand
existences.ofnassustalped
e aš causeor ascen
e revo or d suspe cahceto Aiithontÿ
? e o W Bever otic the
½ WGonfrd40 Al ) ofis
118(r1pand
( Sect
O (S nfrowaw seveage Nedhol idef oGsectlòn
istonse Tahd
to anwre icensed,prehï1ssiare
I t ch W In e4rea õf
a&tarits
r veha t affectsÂhghpa
yersel itche ons pat
its 6f St o es the õf operatioths to
gelated remises heenseti
he e as er asconducfpor
Isó hee is se e ern pa
óf
ing n a u ca efore
rib 3/28/1 ahd o6 â heg
staine arge âIædencey arge
y
sutistánt ag -pro burden
is usa on that4t act)9D ide p r oln in becomn
andd ence n òVepvtel contains recörd re the
ea a a I t
s e3protectron
f ec a C 7
tof n rw trt co the to re a
ê
on ources NYBDs
s
arid senceœ
or a e cor ec
o do ,
en e he
n s ra s once fo 5ices .
noac lad
resul
deh Mtand stioncatni ñdiconcen reque grea
stina f hoursa edat rep are ca aregast a a di
the o ose af nbor; ,
ealth e
Wregulanty titan ocöur codlpn
told hces d y
sturB ftet1thãI
8
M erLcy depravity
tor emblem
an
andand ar.tnaa upport
allous wengness
s r
Ofs)ite!ñ A ve troubhng More a
ts.
der res reposmor safety,
countl and welfare hea the compmmisqg
m
erdA3 Doc
GSDP4251078 2510]3Kl unberat S
c
dib/ayVoodlañd orieEx nfeec
71 of 112
eu s e u
q co e p puL
uo uee
p 6u dsg
RO o u s
R9
eu
ue s e e ó ol esolo
pu o o aq sensste lo q ÒueWoo eqj sip q
ep ap s e Ino e pennseldiueptè )ëAl Bno déju
û e ue
S O [
iê u
puepuepoof o diù e (éu d
dP
eu eu dot
co} y e uG
sered
esn ue en
eqtÜoohÁpmoJ‡pnoh e edejd
e e09 e egrut6 dóeep
u O unJq oq n o ppe u
99
u
o 0íACue ue
6þgq$¼pue 6ulu eé3d s n epiosip
su e s e u
dón s uo td es e6
es ou e
0GEu d0S0NIX nN1 I S
puelpòcg eN/p u g eiu
72 of 112
9
å e ee è eu16 å e e e ö d éôà ëþ
ue 60 Ino õ N plS Ól UO 6 1Ó S M Ío SÓU eÓ e elÛÏÑ
enqeAVSpp Ule50 o seppe.Ipaa
sogoeqøoµ6(gssodse geods uîpúa
p
p pue eA DJ LU S eSIO e e
q e5llsq Sp leg 6Uµng
n slu u u u e
sne e su ps ue
s1 e o e u s opU u o e
seo en luntu1pe o snaog o l ederple o us u
app Auo e o o us u see s
eBue u n poo AÏ J
es e
x R39 Íun tuo o sepipús
p
e93 e s fe s e T C
1 teq
j[es os e ï otI
q qµ
0 e p 00 Se 00SUeo
8
73 of 112
65
stopp.
his on eft Were logo,
whichof sòme
Woodlâhd Woodlandthe bags
of rectiön the
d from WalkiFig with carryifig
hoWqver FWiertóp, individualsthese
seen
traffipM6 had he that noted
of frohtin other the to
iidiurising street 'of,theside one
b file Bf frdnt in from
et rñusia dòo©bláhtinâ16Ull
st the nto ng
vom cars, opèn-áar
t and cars in tting arí freni
or s in cars,
betweeñ out hanging
Wrid pits tree the in urinating yornitirig, parkedon
theiren , and fightin
vokilt P.M. people
6:001P.h4ãnd änd too
:00 of hotirs the betwéën nodfis,
and Saturday
on exclusively éfte Sunday
mosta ced ndt ,e ha wife his
and FUllerton
Mr
Avenue
th Si 92 Fullertoht timothy
.
detritus
r orshe crowds the
mofscenês
a5 6) eking 11r on crowds .
se t the ore 61änd Wé dešcnbedit Jaáobs
b sted thát?ë amount arse tsC d30 guãrds
rid d
of teensee4 .
uar cur in a an
meetn he
a oficed others obs
1rn and Da
the
ätel ed o n uards
ease dune of.secun
e tha arepresente number
s ain ein Ir
scamp ighbó}ho address. anâ2crowds
noise
Mo antitBes of
1B6arld ommun
b ended pg017 Licensee
Deceni during
e he
t om meatia ed reca JacobsMs
os text
he rons soyeenpa
Be ume a hase sidewa
m f
ing a a t usic
ingua t e
artying Ne;
sru louBIBry
n makeo becam ons
worse
e curb:oran natters
the
estrians óf ondhe
e r chemepo
wathmofnany 0 I had
cr la
ÎCiñ s
y
âSaturd
e occurs
ich W ce serv
blunch
d hie Dunn
.
ep ve
M nnocence
essn 1r
a m d olunde ro6
n O
% re S
T S BC & an ng .
Ces Frassment
IS rm rtain Ent 10 UCtänt SC ances
n s
heir ebaffdone ave'also wfio. n,
er s er aspin
in noise Wop ch peep
and &ecause
tb râedroo
o n hus6a her
Ms2Wgnpck
se o deafening 4
and stng pu õf result the As
Hiew v é em héy ag
u actqn
s t tooe
bë tBlen Itheh sk s
pot.,S smoke
lo shÜ he v
anking contihue
and to
propertýher on
20t8 435 t'Nurnber:
er. ck D
47 urfi Gasa
OP1251073
251073KINGSinber
Woòdland Serial
ñò.øbla e
S P Uéëhsèe
74 of 112
99
sH^epg y uene
8 u s unx e u q pu ppo
HM
9 aledono pus
Éhë[8 sue0 e6ág se o aeul 4 p
o qo
puo& ue u un ë
n128
µ sp o es ouqemes pe uo n
SJ 6 00 Ge UOpeßn 9N o e pue oo
opq
75 of 112
L9
l
è Q 3iâö o uo uo 1öp o 6 e pGé ö
!q 2W0S) !untuuJoo
j o s& ól s t e pòo 6
q Rd uðiAiIet édÙl üoo
p qgs uo9 eu Aofus e no
b oy1
6ugpyaep n 6u
Audep
gu u s o eu 6 q o pue p o p
;
0C U e.fOU e 0 SlQm3SlÖlliQU O
n O O SJU Sn e eqn e 5{{ eplS
í & Mp e l UetUO 6 ŠSe lSG . Ul 6Ùl RU0A3Bui 5
u 6 U J 0M0e pU Üe hP 00 i6 IpUnpJJhS e
p en
eIp e SI OT‡g
76 of 112
89
nyuegue.nepe
le 000M up e
p e u . e SJ O SGO 1U0
e o
o Bu otq et eu
q n p pue otpfeq 3 e s o
UB{pO U 0SUGP
77 of 112
69
Uó eF ypn o d eAïïd s s ou nó
:pessríosip XpeëJ¡e s e
Aep
(9 q qRay1s)
e/u on sep
n
6 u
disn ales u
pno büi e d i pH n d
beposo e pue
ad8/ s
eq
pu
ooq eu et o eú e e
n e j unq1 o u
o ao nse gol
eu seuepas
eq1 woJEs ou ns
yr e po oqq6 éüRTno 91 ,
onerpse uenb
W
é
P e eq lou e
p not JFío U 0A
emoq
0 9 d0 SONDI E 0 9 Reqtun
eµes
78 of 112
(0d q x3 8) efq INetMuelos s e6ed
( g x dyasheg16 enb
G){OLt SNSU d 6 ipD UB(pOO /As a OOSS 7
y Sdl o
sugss sue pus o e
MMaemow&Whed as a n taud
esM endqs
aqi e le öü so e
p x p a ntDo o0 IMS19
le og4íUpw uq e N SU0 Î S
eq dou 93d
03e P
Del
u LULU (y eCO X eLUU O GU O S a
Utp S Q
199 9W d!TM j H 6
puepoo
our xseheadeesueon
79 of 112
- 1
dñféqaaild 1 timop
e às óu pu u
ô
1 umop
uoo
uns e uo
6
0IS01 no JS nS o
00 O ÔUI/ífe
A pU 6 1 UU
eAlSSebXG
po OC ÖleU US ISe
00 0 o
00
O
s
u@ 6no
e ue
s o snu o
½
pno e e BulnS 6ül
ed
e 8wexè
ío ue po
p w xo d so ru
& do
ú étÜéJ
e40eúëo e
áue
%ëqoee e qon
o
M
0% É un
80 of 112
72
P.M. P.M.
30P 2:33 2:22 caHs 2,
Satûrday, 2:19at eight receivéd NYPD the June
P.M. P.M., 2015P.M.
n Abd 5:47 and 5:43 P.M 24 5 P.M 4!53 3:37
1$P.M ting sta s ca six 2018,3, Surgay,
at 311 eceived NYPD the June
oñ exaihple WoodlandAFor disturbances
at feportingcalls ñiultiple received
thQÍÝPD
ye the äftë¼ndor
ñí Oh night neGalelntd rBUâh4hei6g rnort
SGndpytfrdrn
n e ma were calls 311 (61) one themixty vastInapaty
The
of
36) 3 57at
t ERhib (SLA
day,
an music loud pläyingbar Woodland
b
form
bermWoodland com:ng rpus1d Loud e
a bar; theof name th'e
s -Woodia ngfrom.noon
ye antlc mus Lou e
bar; ng
8/oodland scream
e e
roar and Pe
ease!hel
Amit legal the above way stopped5creamtpg
e qgst WooBland
at s o
& s MerR aint ar
cornersat â r
and enue dedh dewalfwon
s g codlan
Wock enu pat
be es voieéo
añ šbSlobd DJ arid g hùdiph o
tiâNEd f81
6 a from
e o normal ered pons
dee Joud,
co0 at a ãbove vyay too as6 rom as cm us T a
& 10 efam Woodlandüfor distuMances
spebfinglý
these
f an or some ne
attñbuted
lefa s theseof ghtleén
E
M 30 Et Ús 1 n ee
evniÿ
Tbs1happens
ng s sos
snak heilass hut
oub music n is a Th
loud a sare ng ang
õf ii361 entrencl?thëfeiere
apar etc
e I a o
rea mu u
ee a t eve n un 6n t
n ass n n
Wfmrs om ou
oud.
s s ba wèfy playing
c mus is shere and ar & sóf top oñ ve o
eeps o enunaBe
ca pgafterhogs
wMohas Jrom
Vveawand cape clüba c asst c mus Loud e
be‡eard bãss Ctlie bar; outside3he canWe
c
¾rd nfusd
complained
rM43p20
06
1251073
OP S 125 SeriaWurnbe
KlÑÖ73c.
Sx
d/b/âÚondiand nme Deensee
81 of 112
0 '
egÚônb e p oq o Š Àu e u
èlü e o ue s tíe
p e g e u
9 W u è6 e o
šng
e I u sÁepu uo
p u9A s no 6{hu o T sad0qüoo
g Áuo do d e
Q 140 Ên6 o
esóJéxe eq e gbl ugùóu 5Qe é dd
u p ú Bugsn s ledde tuó86 edeq
p es o e seairoqe
4gog o eeu oû ò 601j50epje 6
Ùlt ples a61 de
punop luMduld
ntu e endd
[
ON eeuesmN 0 19 srpue 667
u ú o s
p
p e uo o puoos u
sp osp §öüeq n ou d the d
e u
el d 0 jl e
ä
S es)
82 of 112
o e
! u I [ q 5nòt s 1 legfsp e uoo fàÁe
sùebn eqj
r
o n e e à oÀuO A
ppe stseqdu e)
q as g tebe plen e o 19 u l se
& & 99 ÌÔ9Qu n SUIn Of
p98 Iq pa ao
o uo
q p s e se
s O e e µ cqq esse
s
[qel§gyppsupoqqesittleadgUO UO J
u e
p
n gte b sap) 1 gloE ueR
e auu esueqo süegoe èq1 n e ppeq asueolp
eq1 pu sn JO e0UeO O 9 JOhÔF e
pe neIsns
8L 000
83 of 112
84 of 112
94
à s uoi u leu2e Eéiet ë ü 6 offéþÍAG
een es ugjµm uuroco e8100 GAIS OJ 60UJrO00
c o µLeque eneu B u onb e
Ed S $1 e S U
& e U 91 S 9 BSOdwoas Je 1 as tuo düloo
as Od U001 UOJ U UD
p e ;UOO SBSRUe S Ò 00 0 Sule[d
900 d d P G k
ûê jpiso j 5 Ba : be
85 of 112
st.
Ms.
reqùehis at
pbtained
had Marsico that this
County. complaint also
included
Davis jator invpsti York New York New of ateS the of Court Suprerris
in.the filed Pettosyants Mr.
thè añd Ofshtein against fraud a)leging pla!nt co a
preséñted Aúthofity
he ov/nership
interest ed undÊcic
thef próof orial eddi As
empkyees.
han more
hing Èo yan ,
P thë at t ha b Wòodlàn Ïr Eix n s irife
ownership Prirne
añ h est 6 d6e this
dóöùmënt óqs dontent týs Autt the
t nträ es to donfmon takes
sá1äned 61 a of deduction
the reveal
that
s tU pa honthly produceBWë Atithority
illsb he
mônt6éE 00 $10100
of
Afee for an Wood aliaspects manage
of to the
Petrosyantš Ofshtem
hired Mr
t evels the
yahtsil and htemOf Mr between
agreement mánagement
a d produc onty Inc.
ut contrarythe To Sixy nme in interest ownership
àn ñg hav ánts etres evidence
iBe pf any ubMitted rio has Theduthoñty
q a charge,
õf ñt thï thisg n $ústa hcense the
of use
h from re thus a
.th B éfiff nhis616fe
S
a e pa t y Re én it h the
e AU
0ö061ÿ)N C 9{Šüp
4EXIS
Misc ntyf2010 quor State
L ew ase2nqona;
a see
2 R " 51 a as is ether
lies u fr¼a¶qapr
r
ghcense opi om
secure le personsan
e ndestrab re exists hon
s h proN
99 D $d 26 AD 262 23av p o åälaityÂestaualso
äê 2d 8 uth iéjùorf Ñew v Bër & umnt Res
s Se
D roval sp honty trans
lah ab er erred
be nnot av a ben ose an issue fas thor whom
the
to persgn
e a are hcense lquor pnvilegesñf benefits
he
andl
ABC
onze a
if ex hero no an prem
sesAcensed o and s
rhed
ton xce erson ther ansferable n
h rem y àr
heensed or personan to ssued teense
A
part: táer
e provieâsLaw
Control Bevera§e Alcohol woffhe
Sectiolil
Law.
Beverage'Control
hbho t on ance
GAl of sect Wdh accor an cense the of ton susp
or ton el ca o rayocafor cause
all D3/28/19
re on from
e e pný
d¥nse and
itelf Äv to ý thprA r
0
OR1251073KINGS 1251073
eh Nui Seriet
oÒüland /b/ no x S me Pr nshp:
p L
86 of 112
o 0&s ed n o uö e ue oo 1éopneT10eke
e nieú j de u
6 s o ue b u a d pesi e eq‡ e620 u uëAso te û Ž
oeds tuo y e
uels p
p N 9 W&!Í{ 920{6a
B
9 S
bëfdeg eBG i Ruóí(e jiidêds
IMISk
ôIetu sumo etns þ en y e eq où oggtu e uuu d
ê el e 6 dejBe ed
puy
queJnelsemšW StTheJedo si puelpoo
g pus úogettuop uo
0L0 C BO n
85N½£101.94 moq
0 00/ e q
X]g eu Ud e sus
87 of 112
6L
, -
. - E
; u dule u u due ne e u e co
eu1
s q a ueo e e
ueuipedursep Ao ) uòqo g soped
au u ige
o suo s o
n s o
ses OD SAl a
O
p o ouenssLe e uo e de 6u s o exe
tpn9
0 9EydoSQND eqyJn
k e
us o
Qjp G[%eiu speg
88 of 112
80
r r ar 53.f(1),
iblÙafies 6 t ñ th v to
corñplý Mcén the
20i9, 28, 2fai[éb
& RÜle
yiolated Ecenseethe
March before and Ön
that aHeges AuthorityThe
13 Charge
sustained
nôt the±hárgejs Aóöédingly
the iri or badkýarÙ
9 antÎ .anÿ 62
stanhp ñr
â the coñcerning
aHége, 46ackyard evidence
ny lacks soilâhbo
d reca the Authoritythe
at v õf y
regardless Fina
process.
dues offen ng
1, decision. eadp is t t th thereforedind
niinistratlife
a ,
ari basisef tièi annot Whi miñ iri had Authority
the what 16 as on n
ulat requir
eHeffsitïle s
iñcõñi Shärg this that Ad f I
Ing.
R f ice N a o ore4ncorporáting evidence
s b and
revrew an ing ea he ice,
ftó O
read
ed= ur s
c this engaging.m
@is ral re o ons a 1n,
18 onty a e sR e nne on
e 1
rehañ fo or I en n rn f r an e ever w ar c the
c sü censee ves
ardIÿ ncons fe Irreco
ci
w ance one dicen o ence eVI
e s a tons
f 1qovernrn
ose sc n an cpn pu st
in e mp c 1censeathe
fáil aha ¾úthon
t6 Thusdh
y ándwo
nt incons
are islans
ro w less eve
on ua or e o toa an
as Se
a DnS
t n ern n bre,
Ga S C
g ica a rm op
an sès prem e ess a r sees hee
s or n any h w n eeme ion pu s
? on t y;co co nseehtõ o
ar
(He ê R f er
ák b bãNn u
sta usc plâym
m refr trons cond backyar
an ne use or c rnus play of toy reea censee
n r
the at t
va r or tor a u armisso hge CC
se r rne ISeaaen
ION
Do a
Ecal wh6 o or h we or3ren
) ass1ted
lith d 48 NYCRR
9 tÿ CD he
St RüIeséf
thef se Uce
I e h
ChãrgM2
0 5 um t
67 5 OP S TN eýñÎNu
:iÈ3d
diandWo Enme
SiWacAlb/d icelise
1
89 of 112
81
sEstairied.
Sa is chargeThe exit Averjue
of sihfe p dó6f h/lark's
onh sidënbe Bstantial
s
ingiHis
r presenting
by
f its charge
hfrdéÁ subfailied
h y Au
Sil n0the
n
e2Soth ev f I Thúe ons ailég
âì t oásubst idde o döe
chá ng n Êt at d I
ŸÍ
of menhonany supra, hcense
up
adks stand yard rear
a
the.record Charge
12 pf on scuss
d the notedin
As
prea,
noise a making
thst anpng of 16t
out nd ng congregat and
ees emp
f Zhs
t patrons
t and Woodland
o Ms
È
pres anathe šb
u
natëd shêe he e a guidèd3ter
t6 and
ÎÓ his 6 h
laòk th from womer th8Ê ori \ver They door
exif three s áÏRi 2018.
her
husband She
end summer
ef
t rons
itiõn? doo moRin
ifefiesmñiff
d
s ng s
ctfic s rgen crediblydestifi
a thâ 06ther purpo for
gs blac0doo
rd
exe M1 es$élp mplo
c and
suÈ Efhe iiBBS
tesn m E St gara
e ara
utt é alks e or
3 s
.
o hea rene
e lon g r a
he rp
rovi
o ton
u hs 500 fumis
or ulation
or v
S!On Gont
a eap ow CO SeS3tÖ OF4e
icWns S fa hCenSS
or susp c hohtyitô apWs4he3Au
be 4his
9 or tquor
tã the of
ei
ense 4he â 363(f) Vith5Rdt äcâòfdénce
pensro
s ce0ationyor
ca oga
npn cause
a4 emergencies;
exit e Marks e uses upigense
urn
sed lice stand yärd rear
Aùt the appròvâIwargm
on s b or on
ge c e permit, authonzat
corp hcense
rati f premisesgendorse
ensed removaPpr Mnyapphgationfor
dhe by offennyv whi upon Nor
ssueçI was Aûthon
permit upornWhicMany
heense‡
greement
OP1251073KINGS
1261073 Nuri1ber Serial
Woodland incSd/6/a bcenseePPame
S
90 of 112
t
: erue euueso
·
6T0 equ
eAoN 901B(T
peüìè1sris
s@63eQ&é40 e ë6Je
n
panel s e
Bgetfp e6
p elsnsapu
p e e
paue sn s e e e e1e
p eep .
ed e
G n s 83e e
â6ieq
n
e s s se a e
g
pau e sas she egp eqgwgë6
NOISirlDNOG
M
g unquin
co
S20095 do SONDf 0 0 g egu Mue
puelpooM e q/p 0 xis eluuge
Liaon
91 of 112
INDEX No. 512697/2019
NYSCEF DOC. NO. 11
wrscaii RECEIVED
RECEIVED
NYSCEF:
NYSCEF: 11/20/2019
11/0 8/b19
'Doc, No. 95
SUPRE1 E CÓURT OF THE STATE.OF NEW YORK . .. Index No.:512697/2019
COUN Y OF KINdS
IntheMatter of the Application of
PRiME SIX,1NC d/9a WOÖDLAND,
DECISION/ORDER
For Jadãñent'I ursuant to CPER Artic'le 78
-agams
THE NEW YORK STATE LIQUOR AUTHORITY and

VINCENT G. BRADLEY, inhis official capacity as
Chairman of tlie New YorltState Liquor Authority
-- . . . : -. .. : ..: Respondents
--x ·
The following papers numbered 1 fo 8 were read on this petition:
Paperse . . Nmnbered:
O.rder to Shov Cause.........h....... :.r..,,.;.. ............:. ........ 1

Petition....;.,:..s ---- ......,.. .. . ....... 2
Petitioner's Papers · . .
Supporting .
Affidavits/AMrmations/Exhibits/ Memos of Law ... 3
Respondents'
Answar ... ........ ...... 4
Respondents'
Answering Papers
Affidavits/Affirinations/Exhibits/ Memos of Law .......... a
Petitioner's Repl Papers
Affidavits/A&úátidns/Exhibitš/ Memos of Laiv.1............. 6 .
Respondent's Emergency Affemation in Opposition viith

Affidavits/Affirmations/Exhibits...:i.'..... . . ..h:;.... ·7
Sur-Reply to liespohdent's Emel'genty Affirniation in Opposition

with Affmnations/Affidavits/Exhibits/Memos of lAw;........c. 8
Upon the foregoing papers, the petition is decided as follows:
1 of 5
92 of 112
.v.wr.a m. :n..an u s u19
NYSCEF DOC. No. 99 RECEIVBD NYSCEF: 11/08/2019
h1this troeceding.commenced;ursnefo.Ard.cle $1the CPLR, order to .

brought-by
shew cause, the petitionet,.PRtFESDC, INE d/b/a WOObLAÑb seekato vseate und tranni a
46:9ñhitatign by respdgdent,.the NEW YOR& STATE LIQUpR.AUTHOR.ITIPSLA") ¾1ed
fune% 2019, which summafilyauspended its on-pemisea liquor license in ageordance wi1h New
otdei'
York3taté·Adrninhtfative Procedhis Act(SAPAy§·401p).Petitionht suso aceks ad staying
pad.restraining1ss gridedt from enforcement of:said gammary:sugpe.usian.pendingjhe final . .
determination ofthis proceeding. ..
The petitioner operates 6:restaurant, bar.aadlonnge ilythe Park.Slupe.neighborhoo4in
Brooklyn Incated at-242 Flatbush-Avef3ue á/1de 7646 6th Stre6tr Brèoklyñ. New YorÊ On Jûñe
6, 2009, the SLA ipsue4 an "Eme.rgency Sutmusty.Drd.er ofSuspensioA.sunsnafilysnspe ng
petitioner's IIquor license, wl olit providing petition.er with s¾ncedpatice or an opportunityto
he heard. Respbndent SLA elaires thatit took such.action because the ½dblic health, safety or
ao.tion."
welfe;e·in1peratively requëe[d] emèrgen6y (New York State A&nfraist.rative Procedure
4.01(31);.'
Act The Okler.indicated that such action Was necessary ag39 separateNialdòñs·of
th'e'
the Rules,of the $tate Liqùor weth foumi.. UndMndmltil circumsta'nces S.LA is
Aithority
IThe.New Yurk Stath Administrativ6:Pro.dedore Act §A01.(3)provides that: .
"If the agency finds4hatyublih healdi, safety,'or welfarejmperatively

tequirea einergéncy-actldn and thorpoistes a.finding to that eff.éct in its
order, stubmmy suspens1ön of a lleenssfnay be ordere.d, offective on'the
date sp.ecified in such order:o.eupon service of a certified copy of such
. ..-... erddietheficengeerdhichewéyahal·1%eda rependingyac9edings-for-=*
revocàtion or otlier action. TIies6 #bee6dings shall he promfitly ipstituted

and detqrmined
2 of 5
...
93 of 112
FILED: KINGS COUNTY CLERK 11/20/2019 04:43 PM TNDEX No.
INDEX NO. 525003/2019
512 697/2019
NYSCEF DOC.N0.NO.
99
11 RECB1TED RECEIVED
NY$CEFr NYSCEF:
11/08/2Ói9 11/20/2019
arscar noC. .
ithout äuthorityto tevgke àpnce! onñfsjieha a liggprlicens) without providing the licensee
with 0.ticufthe.Tevocatibh aùd-an opportuñ1tyto b hterd. A10ó1101 4ïieigge CentEel la
1(9@ig((3)¼rovides:
2. The I.i-clear âuthdrity inaý.pn iEs oyla.inidative of kg dornplaintief.
gñy persoil lnstitùte proceedings to Twelse,éastiel fir suspend any

ketail liesnge4md indy $npose4ci·vlipéEelty againstthtilidei1se
after a hearing atwhich the lipeasee shall be given an opportunity . . .
to bg lie.iit.d. Sgchitedrijlpshaltheiheldir u h planner and tipo
sueligiotieknucy be.prescrib.he by thexütes çf theliquor . .
. 110therliqçnses engen a·isped unçler thÎa termag·be

revkk d, eancéll d, suspþndeÇl and/.QC thade s@jeof thg
itnposition ch civil geñalk"by the liqûor authori.ty.after a henting.·.
to te hel# in·the manutr tobe detenningd by the ales:.ofthe liquor
authoritys . . . . .. .. . . .. . . . - . ..
There are-no such procedural requitements ut1det NAPA j.401(3).
The‡etitionát alabus, in stun and sub.shinee, that the SLA's detemiinaf(on.thatyubli(
yeg(1ted emergencyåctign aptl .

heñIthigafety and/oinlfareirupdratiyely was.atSitrary
.oapricious and tttat tire.ilLA abused its dfactet on in suspendlug its liquor.lipense without, gMog
it-ñâ'sañEcd-tioticé alid án oppdtfunity to be hW¼d. Èeapendents enp·t4n4that slitythe atyrnatal y .
SMPehsiOn ofpe.titionef§ liquqy license was not afinal d9t6ññisstipn, the(lourtlacks antl10tity
to.teyiøytile.d.etermination. N.esy.itedcitis further contend the.euminary-susperisionmas
wknuntedmñdei the circumstances. ..
Th6- Court agreef that,sincetke to su)nmarily petitioner's

S1A'a.detgrniination spspen4
li.quor license ivaanct Aftpal determingtion, this.Court it withalit authority imdes the
detennination, An article 78 pwccéding can chly be brdught "after Jhe letehriibation to be
petitionet"
teviewed homes fri;al.and hindi.ng.upon the (CPLKp7 13. In Majle ofEsset
·,:3.-
3 of 5
94 of 112
.uwa no. me m 29.w
NYSCEF DOC. No. 99 . RECEIVED NYSCEF: 11/08/2019
Cputayt2àgqtd,.91 NY244W/, 453.[1998]; The Comt of Appealsdleldthat an agency acitonis .
final when th&decision inaker araves;at a addfihitiye pösitian on the issue that inflid,ts yn pctual,
coilitskinfory."
The Caui$.fBitherheld that ª[a) determhation vdh riof bq ueem98 final
because it stands as the agency's last word on a discrete..legal insub:that"atises during an
admblittrative pra ceeding Theit blist adi;litionally bé a fmding the.t the injity purpoitedlÿ
inflic.tád by the agedcy may got bgprevented or significantly amelidiated by further
edministrative actioti er by steps·available'te the dernplaisind party, IUurthei agency
might:fenderthe disputed-issue;gobf or the agency..peetica cathot

proceedinp acadernic;Jieg
concretâ"
b.e considered dermitivp·or t1 Injmy...actual or (34 at 453.-454 [ialemal q
marks sad distibus vietdâ]; see a&o Maner of dordmiv RQh, 100%Y2d 26,-242-243
etc, the petitioner is legallfentitled to dontestlbe.summary stsycasibn·atidWek.6ther
.smeliorative relief at an evidentiaty heerfrts before the SLa. Accoidingly; ginae.sdelittrative.
pmteedingsm14ht reader -the dispùteaksue moat qz academic, the SLA's position cannot be
conaldered -defgiltiv.e ørthe iajury t6 tlie yetttleiter actual of conof 6te.
The.CEise of Bracch!â Clam & Opster Barlncer, Nèoy fothStge M guor Auth., 52 Misc.
3tU225(A), 43 14.Y;Sad 766 [2015], Whteh respondenf.s cite inaupport.oftlyc1r positionihat the
Comtlacks authority to he.ar this.oase is:almost factdaily ideittic.al to this.:cage.and fully suppótts
the .Coutt's.holding. Recognizhig that'an agency action mu'st be'final and binding efóre-An
.s... , ., . a..-.---- Jggrióts.8ystyineymickj1tdlgialxéview un4erArticle J.8‰at4th.ateneã7ao.,objectsgocthe act:of -. -- - -

!
S
Citing hoxers Enters LLC y.The New York iStatu Lt gaor hth,2012 hiY. Slip.0p
32482(U), 2012 WL 4732441 [Sup -Ct N.T. C.ourity 201y [sitii38 ÇPL 7.801[1]].
-4-
4 of 5
95 of 112
- RECEnrED NYSCEF: 11/08 /2019
a v. oru. 3,
an administrative agency must exhaust available adminiMrative remedies before being pennitted
to litigate in a coun of law', the Court h.eld that the summary suspasis of the petitioner's liquor
license púrsuant to SAPA § 401(3} could not not icvicwcd by the Court (id.). As here. the Court
c hided that thö determinatin to summarily suspend petitioner's liquor license was not fmal
because the petitioner.would have the opportunity to contest the summary suspension at an
evidentiary hearing before the SLA (id , citing 150 RFT Variek Corp. v. New York State Liquor
Auth, 117 A.D.3d 575, 576.986 N.Y.S.2d 102 [1st Dept 2014] ).
The Court has reviewed the cases cited by the petitioner in supp.ort of its contentivii that
this matter is properly reviewable and finds them to be unpersuasive and/or not on point.
For the above reasons, It is hereby
- ORDERED and ADJUDGED that the petition is DISMISSED and it is further
ORDERED that petitioner's request for a preliminary injunction is DENIED.
Dated: October 30, 2019
PEŸER SWEENEY, J.S.C. .
3Citing Lehigh Portland Cement Co. v. New York State Dept. qf Envil. Conservation, 87
N.Y.2d 136, 141, 638 N.Y,S.2d 388 [1995] [internal quotations and citation omitted).
5 of 5
96 of 112
INDEX N0. 512697/203.9
wyscar 'Doc. No. 99 RECEIV3D NYSCEF: 11/0Ö/Ó019
SUPREM COURT OF THE STATE.OF NEW YORK .. Index No.: 512697/2019
COUN OF KINdS
.----...---.....--.,.-----4... ------.-----x . .
In thefviatter of the Ap lication o.f
PRiME SIX,INC dl6/a WOÖDLAND,
. · · ,. - . · - . :
.Petitibber,.
DECISION/ORDER
For htagnient Pursuant to CPER Article 8
-against-
THE NFW YORK STATE LIQUOR AUTHORITY and

VINCENT G. BRADLEY, in his official capacity as
Chairman of flie New Yorld'State Liquor Anthority, .
.- . c..: Respondënts
__.... .--.--..-------..·----------x -
papers numbered 1 fo 8 were read on this petition: - . ·

The folicwiñg
Papers: . . Numberéd:
. Ofderto Show Cause........ A..:..... ,,............ 1

Petition....;.................................... . .............:.......,....... ........ 2
Petitionef s Supporting Papers . .·· . . .
Affidavits/Affirmations/Exhibits/ Memos of Law. . ... 3

Respondents'
Answer.... ............ 4
Respondents'
Answering Papers
Affidavifs/Affirmations/Exhibitâ/ Memos of Law ..... 5
Petitioners Repl Papers
Affidavits/Affinúátiöns/Exhibitâ/Nemos of Laiv .L............. 6
Respondent's Emergency Affirmation in Opposition viith
Affidavits/Affirnintions/Exhibits...S.;........::........ ..... ...h:;.... 7
Sur-Reply to Respohdent'sEmelterüfy Affirnintion in Oppositi-on

with Affirmations/Affidavits/Exhibits/Memos of Law3........c. 8
Upon the foregoing papers, the petition is decided as follows
Of 5
97 of 112
Y EF DOc. NO. 99 RECETVED 19YSCEF: 11/08/2019
In this grocesding coxamenced;arstetto,A$cle 78.of the CPLR, order to .

brotght)y
sliew cause, the pbtitiunaf,.P1tlMB21X, INÒ. d/b/a.ViodDLAÑD seekato vacate end anul a
.detentirrafign by respondent,.the NBW YOR& STATE LIQUpR.AUTHOlQTY.T.†LA") 4ted
ime15; 2019, whi¢h summatily wasppñded its on-panisea liquor licensain accordance with New
YorkRtate-Admiñintfâtise.Procedbte Act(SAP$§.401£5).Petitioner.à1so aceks añ order staying

I
andre.itceining.respotidedt from enforcement of:saW gummary:supe.nsion.pending jhe fú1al . .
determination of this paceediag.
The petitioner opergos axestaurat bar.and.Launge in the Park Alupe-neighborhood.in
Brocldya lðcated atG4ž Flatbtish·Avehue á/1da 7846 6th.Strect,BrèuldyA New YorlÔ Oñ Jùäe
4 2009, the SLA issue4 an "Emqrgency Suminary.Dr.de otEuspensloAsttmmafily.suspending
petitionér's.1iquor license, withorit providing yetition.er with advanced patice or an qpporadly tü
he hearif Respbndent SLA claims that it fonk such.action because the ½ablic health, safety, or
action..."
velfere·inyperatively requil'e[d] émérgeq6y (Neyrvois -State Achntnistrative Procedure
Act 4.01[31.)2 Tlle Order.indicated.that such hotion was necessary as:39 sepafate violatibns.of
th'e'
the Rules,of the State Liqñor weth fbtmd.- ñ6rnigl citemhgelces SJ.A is
A.dthdfity Undh
The New'Yurk.State Administrativé:Pro.dedure Act.§-4Q19)prov.ides tltati
!
"If the agencylindsrihat publik healtÏ1, safety or welfare.imperatively
requires einergency·aptica;and ittegrpoigfes a finding to that eff.èct i.n its
suspension Of a ficenssmay tffective on'th.e·
order, stuinney be orderek
date specified in<such order:orupo.n service9of a certified copy of such
. ... .---..-.-.
erdpisengtheficengeerWhichevegehahedatply.pending-proceedings-for
i·Byccation or other attron. Thess pfò0eédings skall be promfitly 1(istituted
anddetqnniped
2 of 5
98 of 112
NYSCEF DOC. NO. 11 INDEX
RECEIVED
No.
NYSCEF: 11/20/2019
512697/2019
NYSCEF DOC. No. 99 RECEIVED NYSCEF: 11/08/2Ói9
ithoùt ãuthö.rityto teyolm eancel orWs¾d a liquor licens.9 withoit providingihe licensee
withb.ticwithelevocdbit ahd.an oppoñutitrto be hted. AlccliblÈWemg6 Contibi I ew
119(2Jvn((3)‡roy[des:-
1 I.he 1,ittuðr mitheity inay.ón iG cyin initiative of 6.n dompla st éf.
gfry persmi insutùte.proceed,ings to.reyolse,.cantiel dr suspend any . .

ïgait license trrid inity hpëse.e civil péäelty apaínst tEdlidelise
after a healing at whichthe lipensee shall be given an opportunity . . ..
to bp lieiifd. Sqchlieárijig shellbeiheld.iti s ch'mannef und upod
sñchtlotib's Tas·mas be.preycti by the til{es of the liquor .
001.e?4C 30.S oraq¼mits isgged under this cl}aptermhy be
av6ke.d, eangelled, suspimded and/or anade sotfjeg N? the

imposition ofa th'e.liqúor.anthofitpfter a heating...
civil.)Añaltyby
to t(e hh14 in·themannytobe detennined by the rules ofthe liquor
authority:. . . .. -. . .... - . . .. . .
..
Theceare·no sinch procedtttal requirergents under BAPA $401(3).
detemiinhitan.thatpqblit-
The,†.etitionèr claims, in stun aiid Atmice, that the EiLA's
health afetn and/oiyelfare jgnpentlyely.teqpired emergency-action was atWtrary and
.capriolog and that theâLA abuseS.its dfacteifonin suspending¼liquor.lidense witliont.giving
it natâñ£êd.tiotide a]id án oppdrtonity to be hwit lyespondents colit6nd thg stacothe aninary..
suspehsign ofpptitioney's liquor license·was not afusal.aptesinatipn, tie dourt lacks authority
toteylgathi,detciñilitation. Respondes further contend the.summaryaspension-was
wturanted.mñder the circumstances. . .
Th6 Coút agr9es that.sincethe-S1Ws.8et9rniination to sugµsadly suspen4 petitioner's
liquor license was.not afinal determination, ihia.Court Is witlinfitauthority tesvie9rthe
determination. An article 78 proteeding eair only be brdaght "aiter the detemiinjitio11to be
petitionet"
reviewed becomes flitalend..binding.upon the (CPLR 2.37[1]). In Mder of Essee
3 of 5
99 of 112
d.J.UF.GI D3-AOWf / AUAS
NYSCEF DOC. No. 99 RECEIVED NYSCEF: 11/08/2019
Couisfys.2dgqta,.91 NY244T/, 453.[1998]; The Comt of Appeals;heldthat an agency acilonia .
final when thedeofsionnaker anfives at a "adfihitiye pòsition on the issue thatintiida an actual,
jnjiny"
coi tge The Co.uit.fditherheldthat *[a] detemsñatioli wiÈ ript hqlleenled final
because R stands.as thecagency's last word on a discrete..legal issue that a ises during an
admidiBtrative proceedinge Thei'qimist ad?itiprely ife p.fin,ding that the.irdigy.purpoi·tedl)
inflicted by the.agency maybot be prperád or significantly amellorated further

by
administratõve actioti or by steps.available'to the doinpldi.nfridpgrty If fmghefiagencý
proceedinjp might tenddr the dispute.d issne nyobt or aside c then theigency..posjyórs nñof
concretf'
be ednsidered definitivgor thh.1njury..actual or (I at 453454 (irdemal qt1station.
inar.ks aniicitations omittedl; see a&o Matter ofÖárdonv PMh, 100NY2d SM, 2422243
(20033).
.
liere, flie·petitioner·is legallfentitled to dont68t theAttnmary sù$p'ension.ah8.55ek.6ther
.amellorative relief at an-evidentiary hedrfrts before theaLE. Accotakigly; girice,a ü tratiye.
preeceipgs might render,the dispùtedhsue mont qr acadents, the SLA's p.osition cannot be
considered.tlefuñtlye ¢rth.e injury. t6 ileyetitleher actual of conotote.
The.cise otBränch2 Clam & Qpster Barinc.. New York State Nguor AntL 52 Misc.
3t1 1225(A), 43 N.YSad 764 [2016],-which respondents cite insupport.oftheir position-inat the
f
Co.u;tt.lacks authority to hearthis.oase is almost facttially idetical to this..bwe and:fully supp6tts
the.Court'th6lding. RecGgüizing thát an age'nây action must be'final and binding¾6.fóre.an
AÄpartyinayggk.jgdkialaá4enunderArticle282,,anitbatane Wno- objec.tshthe act·of-.- ---

. ,. ., .,,-.....-. --98gt
A y,.The
Citing Noxerä.Enterm LLC New brkStatè Lignor Auth.,.2012 N..Y; Slip Sp
32482(U), 2012 WL 47.52441 E5up Ct NN. CWrity 2012].[yltibs CPL17601[1]].
;4-
4 of 5
100 of 112
NYSCEF.uve.
.wy.ner.w DOC.
1w. NO.
us 11 RECEIVED RECEIVED
NYSCEF: NYSCEF:
11/ DB/2019 11/20/2019
an administrative agency must exhaust available administrative remedies before being permitted
to Litigate in a coun of law3, the Court hdd that the summary suspension of the petitioner's liquor
license púrsualit to SAPA § 401(3) could not not icvicwed by the Court (id). As here. the Coult
conduded that the determinatin to nummarily suspend penGout s liquor license was not final
because the petitioner.would have the opportunity to contest the summaiy suspension at an
evidentiary hearing before the SLA (id.. eiting 150 RFT Varick Corp. v. he York State Liquor
Auth, 117 A.D.3d 575, 576, 986 N.Y.S,2d 102 [1st Dept 2014j ).
The Court has reviewed the cases cited by the petitionef in support of its contention that
this matter is properly reviewable and finds them to be unpcisüssive and/or not on point.
For the above reasons, it is hereby
. ORDERED and ADJUDGED that the petition is DISMISSED and it is further
ORDERED that petitioner's request for a pieliminary injüñction is DENIED.
PEŸÈR SWEENEY, J.S.C. .
3Citing LeMgh Portland Cement Ca v. New York State Dept. of Envil. Conservation, 87
N.Y.2d 136, 141, 638 N.Y.S.2d 388 D 995] Linternal quotations and citation omitted].
5 of 5
101 of 112
INDEX No. 512697/2019
NYSCEiF DOC. No. 99 RECEIVED 'NYSCEF: 11/08/2019
SUPRElÚ1E CÓURT OF THE STATE.OF NEW YORK . .. Index No.: 512697/2019
COUNWOF KINdS
.......... ..-...-.......-.----- -----,-.--------x . . . .
In thd iviatter of the Apt5iication of
PRIME SIX,1NC d/6la WOODLAND,
Petitibbef,.
DECISION/0RDER
For Judginerit Puhuant to CPER Article 78
THE NEW YORK STATE LIQUOR AUTHORITY and-
VINCENT G. BRADLEY, in his official capacity as

Chairman oftlie Nev/YorlÈState Liquor AnOwrify, - .
,- . .: Respondëtts
--------- -------------------x
.. . The following papers numbered 1 fo 8 were read on this petition:
Papers . . Numbered:
..
Qfder·to Show Cause.........:...... ..-;a.....c., ;,.n.. .............. 1
Petiti.on....:.e...:......... ..........:.................... .... ........ 2
Petitiotter's Papers - -· . .
Supporting .
Affidavits/Affirmations/Exhibits/ Memos of Law................. 3
Respondents'
Answer..... .. . - ............... 4 .
Respondents'
Answering Papers
Affidavifs/Affirmatións/Exhibit / Memos of L uv:................ 5
Petitioner's Repl Papers
Affidavits/Affimiåtiöns/Exhibitâ/ fvlemos of Laici.............. 6 .
Respondent's Emergency Affirmation in Opposiilon v¿ith

Affidsvits/Affimiations/Exhibits...:E:........::.......... .....1..iu;.... 7
Sur-Reply to liespohdent's Emergenty Affirnintion in Opposition

with Affirmations/Affidavits/Exhibits/Mentos of1AwL.._.e. 8
-1-
1 of 5
102 of 112
NYSCEF DOC, NO. 99 RBCEIVBD NYSCBFi 11/06(2019
In this pyocqcdirgeorpmencedpursuantfo.Art(cIe 78. of the CPLR, broughtby order to
sliew cause, the pètitionet,.PRIl½ES1X, 11t. d/b/a.V/OdDLAÑD seeka to vgeate end anntñ a
46¾dtfign by reipögdent,thy NB¾V YOR© STATS LIQU.ORRITHO1VTYX"SLA") 4ted
June-6; 2019, whict snmmafily'auspended its on-pemises liquor licensedn accordance with New
Yorkstate-Adtninistrative.Procedule Act(SAPAy§·401th.Petiticoer Eso aceks ati order staying
and2estraining.rbspolidelit from enforccmsst of:said summary:supension.pendingjhe final . .
determination ofthis proceeding,
The patitioner operges a restaura bat.gg lo,ange in4he ParkBopezighborhod4in
Brooklyn Incated at2 Flatbush·Aveñue s/kfa 7646 6th.StrestrBr6oklyrt New York. On Jûne
of$tppension'
6, 2009, this SLA issued an."Psñê;gency 8.uminary.Drd.er .wnmanly ceradips
petitioner's.1iquor license, withont providing petition.er with Elvanced patioe or an opportunityto
he heard. Respëndent SLA daims thatit took such M6n bbeause the ½dblic health, safety, or
ao.tion..."
welfare intperetively requii·e[d] émèrgendy (NerYork State Admihistrative Procedure
Acty4.01{3.1)d The Order.indicated that such hotion vias necessary. as'39 sepafatbNiolations·of
the Rules,of thé $tate liqñor Atithality were foundo Undhildrnisl gircag«**n.ces th'e S.LA is
'.The New T0tk State Administrativ6:Pio.dedure Act §401(3)prov.ides that
".Tf2the agencyTindsihat publib healtÏ1, safe@ or welfare.imperatively

tequires tinergencraðtica and inV,qrpo15tes a.fmding to that dffet in its
suspensibn 6f a ficensEinay be orderes, effective on'the· .
order, stemmy
date speciHed irusuch ordpr:c.rupop service-of a certifica copy of such
..-.-.--w.. arddi athealicengeer hielie.vègehalliedat;ergending-proyge4ings-for~~~*
revocàtion Or otlier attlon. he p%té6Bings sk he promfitly ipstituted

and determined
2.
m. aba . 2 of S
..
103 of 112
INDEX NO. 512697/2019
NTSCEF Doc. No. 99 RECEIVED NY$CEF: 11/08/2619
vithont suthörityfo revoke eancel orgspeha.a ligapr licens# without providing 1he licensee
with Ahtl·cuf thelevocatibit ainian oppoftañitÿto be h'earEl. Alobliol Wemge ContEol Iaw
11.9t2) iincf (i)¼rov dee
.1 The ligner autidily inay¿itiB twAinitiati of ian domple at4

g ly perstsi histitùte pro^ebd.ings to rayoke,.candel ér suspend any . .
intait licensesnd inay hpWei ci·vil péERTty a afnstthelicelise
after é bearing atwhich the licensee shall be¼yen an . . ..
opportunig
to be he.iifd Nvchheárijig shalf..he held.1riancli mannef and tipoli
suckgiotfch es·may be.preset .d by the les çf the liquot .
11o her-liognses or.permitadsaged under this cl}uptermay e
revblof4 canc6Í 1, suspended andl.or tifade s e cf t§ the .

imposition qÑ civil-peñaky th'e·liqtor anthctityafter a heáting... .
to be i161d hrthe mannqrtabe determingd by the rulessfthe liquor

authority- . .. ..
. .. . .. . . ..
Thece ate-no such procedttral 199141áuien.ts under. BAPA·§.401(s)
The4etitionar cla ms, in stun a118 substance, that the SLA's Betemiinkf(gn.thatyabli
healthigafety; and/oi tequited emergency-action wes ,a apd .

Welfgreirepdratiyely trary
capriciou,s and tfiat the$LA abused its discretionin suspending its liquor.lipense wit1iont givin
it.attvanced-tiotice mid án oppoirtdnity to be km@. hiéapMap.ts cgit6n4 tha.t sS.g th·e si.unhipy .
suspeñsion ofpptiti.onets liquqr license·was not aJ‡nal detstninetion, theCourtlaols evdharity
toteyhw ths,determinatiop. lterytsidents further contend the.eummary-susperision.was
warraritedmndei the circumstances. .. .
Th6 G9uit agre9f that,sincetke S¾'s 'detsfnenatieg to summarily suspend petitioner's
liquor license was.not a final determination this.Court is withofit authority to revie9r the
determination. An article 78 preccedIrig catt only be br.ought "áfter.the-deterniiustio11to Be
pe1jjioper"
Éeviewed tecomes final and..bindisgupon the (CFLR"217 1]). In Ma fist ofEyet
3 of 5
104 of 112
.m.mun.s.av . :n.Aov t t s u.Ls
NYSCEF Doc. 150- 99 RECEIVED NYSCEF : 11/ 08 /2019
Coui&v2âggrd,.91 NY244W/, 453.[1998]; The Coat of Appealscheldthat an agency ac0on is .
fmal when thedeefsion ineker arsvesrat a "defsitiye position on theispie thatinflich un ectual,
jinjery."
cojigtge The Coui,tibitherheld that ª[a] determination vdil upt bg.deened final
b.eeause it stands.as the agency's 1st word on a discrete legal inu-e that arises during an
admblittrative prsce¶lrig Tlïeig mgst ad itionally be p finding that th.e iqjigy.purpoitedlj/
inflicted by the ageiley maytothepretented or amefiotaled by further

significantly
adrninistrative actiati or by steps available'to the colnplainiii¼party. Efughei.agency
proceediuÿ,s might tender the yspu d issue agohf or a9adeplicQheg the sgency position·canhot
concreti"
be eénsi.dered definhive or thk.Injury..actual or (ï cl at 453.-494 (ialemâI quotation.
marks sudtitations ontittdd];see a&o Matter oféárdon s RQh, 100%Y2d 56, -2422243
[2003]J.
liere, the petitioner is legally entitled to contest suspension-atiamek.6tlier

lheistfmmary
.smeliorative rekéf at m.evidentiafy before the Sla. AccordinglypEince Admini#rative.

hedrly
pro.'ceedipgg mi,ght render,the disputedieu9 mopt or academic, the SLA'.s p.ositi;on asünot be
considered definitive ø·the injury t6 etitioner actual of conatete

tliey
The.cise of JBtocop'à Clamb Opster Bar!nces,NeyYokStpte Manor A&, 52 Miac.
3t1 1225(A), 43 N.tSad 760 [2016], v ich respóñdegfs cite ineappettoftheir positioathat.the
Conrtlaclis puthority to hqarthis.case is almost factually idetic.gto this.hase añdifully suppdits
the.Court%.h6lding. Recognizit g that an agehey action nast be-final and binding'hefore·an
.---. 2‰PÂ§2eÄP.arty#naynek3jWdkiatriyiew under,Article28Land,thatane who.objects:toctheactiof--.---- --

... .
*
Citing Boxeru.Enters. LLC sjhe New York State Lignor Auth., 2012 hiY: Slip Op
32482(U), 2012 WE 4752441 [Sup bt N.T. C9urity 2012] [9itiiig CPL17801[1]'l,
;.4-
105 of 112
NYSCEF DOC. - NYSCEF: 11/08/2019
. inu, NO.
yy 11 RECEIVED RECEIVED NYSCEF: 11/20/2019
an adminisnative agency must exhaust availath adminintrative remedies before being pennitted
to litigate in a court of law', the Court held that the summary espasion of the petitioner's liquor
license pursuaùt to SAPA § 401(3) could not not reviewed by the Court (ld.). As here, the Court
concluded that the detaindnatin to summdly suspêüd petitioner's liquor license was not final
because the petitioner.would have the opportunity to contest the süinrsary suspension at an
evidentiary hearing before the SLA (id.. citing 150 RFT ½1rick Corp. v. New York State Liquor
Auth., 117 A.D.3d 575, 576, 986 N.Y.S.2d 102 [i st Dept 2014] ).
this matter is properly reviewable and finds them to be unpersuasive and/or not on point.
For the above reasons, it is hereby
. ORDERED and ADJUDGED that the petition is DISMISSED and it is further
ORDERED that petitioner's request for a preliminary injunction is DENIED.
PETER P SWEENEY, J.S.C
Lehigh Portland Cement Ca v. New York State Dept. qf Enul. Conservation, 87

3Citing
N.Y.2d 136, 141, 638 N.Y.S.2d 388 [1995 J [intemal quotations and citation omitted].
5 of 5
106 of 112
INDEX No. 512697/2019
NYSC1 DOc. NO. 99 RECEIVED NESCEF: 11/08/2019
SUPREI IE COURT OF THE STATE.OF NEW YÓRK . .. Index No.: 512697/2019
COUNTY OF KINdS
"
IntheMatter of the A1jplication of
PR1ME SIX, INC. d/6la WOÖD1AND,
. - ·
. Petiticker .
DECISION/0RDER
For Judginent Pursuant to CPER Article 78
-against
THE NEW YORK STATE LIQUOR AUTHORITY and

VINCENT G. BRADLEY, in his officiEl CapSCityES
Chairman oftlie New Yorldstate Liquor Authority, .
. Respondents, .
.--............-....,...----..- ---....·····----x -
The following papers numbered 1 fo 8 were read on this petition: .
Papers· . . Numbered:
O.rder to Shoxy Cause ...... a... ..::... 1

Petition....:.e..,n. . ................................:................... 2
Petitioner's Papers . .·· . . ·
Supporting
Affidavits/Affirmations/Exhibits/ Memos of Law................. 3
Respondents'
Answer........., . .....,, . .... 4 .
Respondents'
Answering Papers
Affidavits/Affinnations/Exhibits/ Memos of Láiv.......,,....... 5
Petitioner'á Rept Papers
AffidavitsfAfTimiátidns/Exhibité/Nemos of Laiv..L............. 6
Respondent's Ernergency Affiñnation in Opposition with
Affidavits/Affinnations/Exhibiis,...!..;......a::........J..........h:;.... ·7
to Itespondent's Eransgs y Affir1ñàtion in Opposition -
Sur-Reply
with Affirmations/Affidavits/ExhibitslMemos of Law;........:. B
1 of 5
107 of 112
NYBCEF DOC. No. 99 RECEIVED NYSCEF: 11/08/2019
In this proeteding.corpmenced pursuad.to.Article 78. of the CPLR, brought)y order to
shew cause, the petitionet,..PRIMEiS1X, INE. d/bla.V OdDLAND seekato vacate end anal a
416tenablign by re ógdent,the NEW YORK·STATj3 IlQUDR.AUTHQlyTYX"SUA") 4ted
une 6; 2019, which summarily-auspended its on-pemises liqu.or licensaIn ageer½ce with New
chlei·
York.5tath-Administrhtive-Procedule Act (SAPA)¶4Ö1[j).Petijióner Alfo aceks gri staying
and·xesttaining.rèspolidedt from enforcement ofesaid gummary:susp,e.nsion.pending‡1e final . .
determinafton ofthis proceeding. ..
The petitioner operges a.:restaurant, bar.gna.lognge inghe Park Slope neighborhood in
Broóklyn lucated at2 Flatbush.Av ne à/lds 75-78 6th.Stre6tr Br6ðldy% New Yoric. On Jinie
6, 2009, the SLA ihued an "Bmergency Sampgry-Drdby otSgspensicAmmmarily suspending
petitioner's.liquor license, viigrunt proviäing petition.er sylth ri¼anced no.tice or an qpportunityto
he hearil Respondent 5LA claims that-it took soohÓtián bkense the apúblic health, safety, er
aqtion..."
velfare.irriperatively requite[d] entérgen6y (NerYork -State Adn istrative Procedure
Act 4.01[31.)d The Onier.indicated that such hotion was necessary asi39 sepafataviolations·of
the Rulos-of the 9tate Liqûat Atithufity wer'e found.- Und¼t ñdrnial. circusstances, th'e S.L A is
'.T)re.NeMurk.State AdministrativèT iodedure Act.F401 3) provides thati
"ffithe a.gency finds thatpubliWhealùi, safel y or welfate.imperatively

requires tinergency attico and inburpontes a.finding to that efféct in its
suspensiõn bf a ficense éffective onthe-
order, stuñmag inay be ordered,
date specified inanch order:orupon service of a certifica copy of suáh
. .a.._ --. ... a1pependingproppedings-for-
erdá¼engthe·Iicengeer.vlhieliewégshallied
revocátion or otlier attibn. Tliese pf bcèd airigs.sh11 bypromfitly lpstituted
and detennip.ed
2 of 5
108 of 112
INDEX N0. 512 697/2019
NY5CEF DOC. 150. 99 RECEIVED NY$CEF: 11/08/2ó19
vithoùt suth6rityfo tevgke dancel or·áfspeha a jignorliceas.9 without picat4ing Ste licensee
with $t1c4øfthe.revocatfti0afutan oppoñneityto be hboril Alcóliblikverag6 Contfel Isw
1199)Ynt? (3)¼rovides
2.the ligar Authdi·ity inaý án fis esùtinitiative of 6.n complaititd
äfty peysdii institüte proofédings to.rpyoke, a del 4r suspend

any
retail license:ând inay1fnpbse t ci·vil péÜ&Tty a afnst thEliteused
afterst beating at.Which the licensee shell be-given an opportunity . . .
to be liejifd.1ggeh½á‰shalthe held.itinhhannef and tipoli
suchqlatich es mu¾ heyrescribb.d by the gestf theliquor .
11 otheplicpnses ongemipdsaged uncier thie cI7aptermay e
revbk¾ cancelled, suspjmdest and/.onnade sc½ect t6 the

impositiya at a civil thbliqúot authqtity+fter a he6ting·. .
penaltyby
to N held in the mannqr to be determingd -by the rules·ofthe liquor
authorityp . .. . . . .. · . .. - . - . ..
Theteme·no such.procedural equirements under BAPA1.401(3).
The4.etitioner tIalms, in stan and sub.stance, thatthe SLRs detemiinati(on.thatyab!fe
! henlth afétyi and/0i Welfhreimpdratiyely.teqpited emergency4ctlçn wes.atbitrary apd
.capricious and that the LA abused its afaoret onin su ending its.liquor.license witliontfwin
it·ativanced.tioticé and án opportunity to be he.@ hëspondepts cmigndthat stac5the rupahiary..
suspension ofpetitioners liquqdioense was not a.5nal astealinatipn, the dourt'lacks authority
tote lawthpdeterminatiap, nespondents further contend the·eummary asperision was
wärrarited-undet the circumstances. ..
Th6 Coult agrees that.since.the.Sl;A's.detgnnination to suramarily suspen4 petitioner's
liqu.or Mcense was.not.a ftpal determingties, this.Court is w.ithQfit authorityWaview the
determination. An article 78 prdceeding ean only be brøught"after file eterrdibitiun to he
petitionet"
teviewed ¾uenwa final-and bindirg.upon the (C13LR.217 1)). In Matint ofEver
3-
109 of 112
NYSCEF DOC. NO. 99 . RECEIVED NYSCEP: 11/08/2019
Couhlys.Zàgatè,.91 NY24%7, 453.[1998]; The Comt of ppeals¾eldthat an agency acilon·is .
flnal when th·e deefsio1131aker anfivespt a"adfdlitlye pósition on theissue tilatintiic.ta an actu4
coiigtgeinfory."
The Couí$.fùigerheldthat *[a]detar;rdñationwÈ ripthedeenigdfinal
because it stands.as thecagency's led word on a discrete legal issu'e thatafises during an
. , ... . .
. ..
adshitstrative proceeding Tlïei:q'mpst adSitipr y ife a fin,ding that the.in]igy.pmportedlÿ
ilglictsd by the agelicy may'not bgprevented or significantly a ated by further
administratiw action er by steps·available'to the (ionipidi.nin party, IÑutthehagency
might fenddrthe dispidcd issue moff or acadeinic len the agency po ition·cgnhot
proceedinp
concret#'
be ed,nsidered definitivp·or th;e3iljury.gctual or Od; at 4535454 [internal qttotation.
inarks ami citations omitted]; ses aWo Matter of dordon y Etsh, 100%Y2d 216, 242-24.3
[2003.]).
nere, the petitioner·is legally entitled to c'ontestorestemmarysospensinaatia.sesk.6ther
.ameliorative relief at mi.evidentiaiy hedrfrfg bef'ore the19L4. AccaidhigE ; sirice admlitstrattye.
precedipgs:midt reader -the dhpmeWisage mont pr acadeirde3.the SLA',s positton asñinot be
considered defufitly.e gr the injury t6 nie yetitiotter actual of conctote.

!
The.cise orBrocop'à Clam & Opster Bor Incsy, New Yotk Støe Mguor AndL 52 IVIisc.
3d 1M5(A), 43 10 S3d 764 [2016], which respondents cite inaup.port.of their positionthat the
Cou,rt.lacks authority to h T thia.case:is:alzriost facttially i etical to this1We afid fu4y suppdits
the .Court'shiding- Recognizirig tháttan agenóy áotion mu'st be'final and binding hef6re·an
ek..jlfdigitinvienunderArticle282
. ., .=.-....-...9ggti@eRparty fnay :anithat,aneWao.,objec.ts the actrof.
*
Citing Boxerr Enters; LLC v..The New fork state Lignor Auth,.201.2 N1 Slip.Gp
32482(U), 2012 WIp}7.52441 [5up Ct N.T. C9usty 2012][elting CPLÈ 7801[1]].
!
-4-
110 of 112
near put. axo. yy RECEIVED NYSCEF: 11/08/2019
an administrative must exhaust available i ·=tive remedies before permitted

agency being
to litigate in a court of law', the Court held that the summary suspension of the petitioner's liquor
license púrsuant to SAPA § 401(3) could not not reviewed by the Court (f d.). As here. the Court
concluded that the determinatin to summarily suspend petitioner's liquor license was not fmal
because the petitioner.would have the opportunity to contest the sununary suspension at an
evidentiarf hearing before the SLA (M. citing 150 RFT ½!rich Cor p. v. New York State Liquor
Auth., 117 A.D.3d 575, 576. 986 NJ.S,2d 10211st Dept 2014) ).
this matter is propedy reviewable and linds them to be unpersuasive and/or not on point.
For the above reasons, It is hereby
ORDERED and ADJUDGED that the petitioh is DISMISSED and it is further
ORDERED that petitioner's request for a ptetirainary injunction is DENIED,
PEfER P SWEENEY, J,S.C
3Citing Lehigh Portland Cement Co. v. New York State Dept. qf Enul. Conservation, 87
N.Y.2d 136, 141, 638 N.Y,S.2d 388 [ 1995] linternal quotations and citation omitted].
-5- !
5 of 5
111 of 112
112 of 112

Woodland Case ALJ Decision, Part of SLA Defense To Second Suit

Încărcat de

Informații document

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Woodland Case ALJ Decision, Part of SLA Defense To Second Suit

Încărcat de

Drepturi de autor:

Formate disponibile

FILED: KINGS COUNTY CLERK 11/20/2019 04:43 PM INDEX NO.

STATE OF NEW YORK SUPREME COURT

In the Matter of the Application of

PRIME SIX, INC. d/b/a WOODLAND,

NEW YORK STATE LIQUOR AUTHORITY, Index No.

VINCENT G. BRADLEY, as Chairman,

Margarita Marsico, an attorney duly licensed to practice law before the

1. I am employed in the Office of Gary Meyerhoff, General Counsel to

opposition to Petitioner's emergency application, which the Authority first

statements contained herein are true to the best of my knowledge.

2. On November 8, 2019, Hon. Peter P. Sweeney, J.S.C. entered an

("Woodland") to vacate and annul the Authority's order summarily suspending

because Woodland's operations posed a threat to public health, safety and

Order, attached as Exhibit A. As a result, the Court's pre-existing temporary

allowed Woodland to continue to serve alcohol, expired on its own terms.

3. On the business day following this Court's ruling, Woodland raced

November 25, 2019. This Court held:

Liquor Auth., 15 A.D.2d 508.)

(Ex. B, Nov. 25, 2019 Order to show Cause).

4. There is no legitimate legal basis for Woodland to seek another stay.

summary suspension are set to be heard in this Court, in front of Justice

Sweeney, in eleven days.

5. To the extent Woodland's instant application contends that the

suspended Woodland's license are without basis, or should be voided, such

Authority can present in response to the application.

6. To the extent the Court is inclined to consider such a challenge, and

of which is attached as Exhibit C). The ALJ Opinion is an 82 page analysis of

the lengthy evidentiary hearing in The Matter Of Proceedings To Cancel Or

charges that prompted the to suspend Woodland's on-

8. The evidence presented as to the unlawful conduct at Woodland is

denied any rights or any justice in these proceedings.

9. In sustaining Charge 2, which alleged that Woodland "suffered or

it adversely affected the health, welfare, or safety of the inhabitants of the

area surrounding Woodland. In addition, I find that it is beyond dispute,

Finally, the record contains overwhelming evidence of Mr. Ofshtein's

complaints from residents and efforts of the Community Council and

Community Board Six to eliminate these disturbances, all of which has

fallen on his ears, which are deaf.

10. In sustaining Charge 7, which alleges that noise, disturbance,

misconduct, or disorder has "resulted in the licensed premises becoming a focal

depriving its residents of those resources. As a result, Mr. Ofshtein is

directly responsible for compromising the health, safety, welfare and

willingness to allow this callous indifference to anyone's needs other than

his own to continue unabated to support a bar that is an emblem for

depravity and indecency. . . . I, therefore, find that the record contains

overwhelming evidence of Woodland becoming a focal point for police

charge by substantial evidence. . . .

11. In sustaining Charge 8, which alleges that a sustained and

continuing pattern of noise, disturbance, misconduct , or disorder has "adversely

AIJ Opinion finds:

Accordingly, I find that the record contains substantial evidence to

on Sundays. In addition, there is substantial evidence of peaceful and

distinct from M. Ofshtein's mere privilege to hold a liquor license that

property, undisturbed by Mr. Ofshtein's irresponsible use of his privilege

to operate a bar. Charge 8 is sustained.

Ex. C., pp. 73-74.

12. The ALJ Opinion is by no means a final resolution of the charges at

rest of the record to reach a final determination on whether to accept or reject

at the licensed premises is now completely belied by detailed factual findings in

a proceeding in which Woodland itself participated.

WHEREFORE, it is respectfully requested that Petitioner's Order to Show

further relief as may be just and proper.

Dated: November 15, 2019.