Opinion
November 2, 1967
Judgment in favor of petitioner, in this article 78 proceeding, unanimously reversed, on the law and on the facts, without costs or disbursements, application denied and petition dismissed. The corner premises to which petitioners seek to remove their present package liquor store are located "on the same street * * * and within two hundred feet of a building occupied exclusively as a school". (Alcoholic Beverage Control Law, § 105, subd. 3.) The Authority has viewed the subject corner premises, for the purpose of subdivision 3 of section 105 as being located on both of the intersecting thoroughfares. Such statutory construction by the Authority is reasonable and supported by judicial interpretation ( Matter of Gorman's Rest. v. O'Connell, 275 App. Div. 166, affd. 299 N.Y. 733; and cases cited therein). Accordingly, the denial of petitioners' application for removal of their retail liquor store to the corner premises was proper.
Concur — Botein, P.J., Eager, Capozzoli, Rabin and McGivern, JJ.