Opinion
February 1, 1971
In a proceeding pursuant to article 78 of the CPLR to review appellant's determination disapproving petitioner's application for a restaurant liquor license, the appeal is from a judgment of the Supreme Court, Westchester County, dated September 21, 1970, which annulled the determination and directed appellant to issue such license. Judgment reversed, on the law, with $10 costs and disbursements, petition dismissed on the merits and determination confirmed. On the record presented, it is our opinion that there is substantial proof to sustain appellant's determination and hence it was error for the Special Term to set aside the determination. Shapiro, Christ and Benjamin, JJ., concur; Munder, Acting P.J., and Martuscello, J., dissent and vote to affirm the judgment.