Opinion
November 20, 1967
Proceeding dismissed on the merits and respondent's amended determination dated October 18, 1966, which disapproved petitioner's application for a retail liquor store license, confirmed, with costs. Petitioner in its brief in the proceeding at bar does not question the accuracy of respondent's measurements of the distances between petitioner's proposed store and the four existing retail liquor stores closest to its proposed location, which measurements were made subsequent to respondent's initial order of September 14, 1966 and prior to its amended order of October 18, 1966; nor does it question that the latter facts were actually before respondent prior to the making of respondent's amended order of October 18, 1966, which amended order erroneously set forth the distances of three of the above-mentioned stores. In addition, petitioner concedes that, prior to the making of the amended order, respondent possessed data showing that a comparison of the 1964 and 1965 annual gross sales of each of the above-mentioned four stores revealed a decline. In our opinion, there were reasonable grounds for respondent's denial of a license to petitioner (see Matter of Wager v. State Liq. Auth., 4 N.Y.2d 465). Christ, Acting P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.