Opinion
7310 Index 100310/17
10-11-2018
In re Leslie CLARK, et al., Petitioners–Appellants, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent–Respondent, When We Were Young LLC, Respondent.
Kathryn B. Quinn, New York, for appellants. Christopher R. Riano, New York State Liquor Authority, Albany (Kayla R. Seger of counsel), for respondent.
Kathryn B. Quinn, New York, for appellants.
Christopher R. Riano, New York State Liquor Authority, Albany (Kayla R. Seger of counsel), for respondent.
Friedman, J.P., Gische, Kapnick, Kahn, Oing, JJ.
Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered January 2, 2018, denying the petition to annul the determination of respondent New York State Liquor Authority (the Authority), dated February 16, 2016, which conditionally approved respondent When We Were Young LLC's application for a liquor license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
This article 78 proceeding was commenced in March 2017, nearly a year after the Authority's issuance of written reasons for its conditional approval of the subject liquor license, in March 2016, and is therefore untimely (see CPLR 217[1] ). Contrary to petitioners' contention, the conditional approval was final and binding; petitioners were aggrieved by the Authority's finding, over their opposition, that issuance of the liquor license was in the public interest, and there was no further administrative recourse available to them and no further necessary nonministerial action by the Authority (see Matter of Best Payphones, Inc. v. Department of Info. Tech. & Telecom. of City of N.Y. , 5 N.Y.3d 30, 34, 799 N.Y.S.2d 182, 832 N.E.2d 38 [2005] ; Matter of Allstate Ins. Co. v. Stewart , 36 A.D.2d 811, 320 N.Y.S.2d 193 [1st Dept. 1971], affd 29 N.Y.2d 925, 329 N.Y.S.2d 102, 279 N.E.2d 858 [1972] ; Matter of Metropolitan Package Store Assn. v. Duffy , 143 A.D.2d 832, 833, 533 N.Y.S.2d 124 [2d Dept. 1988], lv denied 73 N.Y.2d 705, 539 N.Y.S.2d 298, 536 N.E.2d 627 [1989] ).