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8 Christopher Street Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1975
50 A.D.2d 534 (N.Y. App. Div. 1975)

Opinion

November 13, 1975


Determination of the New York State Liquor Authority, disapproving petitioner's application for a special on premises liquor license, unanimously annulled, on the law, without costs and without disbursements, the petition granted and the authority directed to grant petitioner's application. It is undisputed that approval of the application does not violate subdivision 7 of section 64 Alco. Bev. Cont. of the Alcoholic Beverage Control Law. (Matter of Waverly Rest. Corp. v State Liq. Auth., 24 A.D.2d 985.) Nor does the subject premises have an adverse license history. Moreover, it is claimed, and not disputed in the record, that the sole shareholder of petitioner intends to spend a minimum of 40 hours a week at the premises, which supervision will be shared by a hired manager, who has experience in the liquor field. The fact that the premises is located in a sensitive area of the city does not justify denial of the application. We conclude that respondent's determination was based on speculative inferences unsupported by the record, and, therefore, it should be annulled. (Matter of Santini Rests. v State Liq. Auth., 32 A.D.2d 514.)

Concur — Murphy, J.P., Lupiano, Capozzoli, Lane and Nunez, JJ.


Summaries of

8 Christopher Street Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1975
50 A.D.2d 534 (N.Y. App. Div. 1975)
Case details for

8 Christopher Street Corp. v. New York State Liquor Authority

Case Details

Full title:In the Matter of 8 CHRISTOPHER STREET CORP., Petitioner, v. NEW YORK STATE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 13, 1975

Citations

50 A.D.2d 534 (N.Y. App. Div. 1975)