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Matter of Domin v. New York St. Liquor Auth

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 297 (N.Y. App. Div. 1995)

Opinion

June 5, 1995


Adjudged that the petition is granted, the determination is annulled, on the law, with costs, and the charge is dismissed.

Contrary to the respondent's contention, Alcoholic Beverage Control Law § 102 (3-b) "pertains only to the sale of liquor and not to the simple delivery of alcoholic beverages" (Matter of CVS Discount Liq. v. New York State Liq. Auth., 207 A.D.2d 891, 893). In this case, the respondent has failed to establish that there was a sale of alcoholic beverages. Accordingly, the petition is granted and the charge against the petitioner is dismissed. Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.


Summaries of

Matter of Domin v. New York St. Liquor Auth

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 297 (N.Y. App. Div. 1995)
Case details for

Matter of Domin v. New York St. Liquor Auth

Case Details

Full title:In the Matter of MITCHELL E. DOMIN, JR., Petitioner, v. NEW YORK STATE…

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

Date published: Jun 5, 1995

Citations

216 A.D.2d 297 (N.Y. App. Div. 1995)
627 N.Y.S.2d 748