Opinion
November 6, 1967
In a proceeding pursuant to CPLR article 78 to (1) annul a determination of the State Liquor Authority approving an application for a license to operate a package liquor store and (2) revoke the license which was issued pursuant to the determination, the Authority and the license, Cecilia Sylvester, appeal from a judgment of the Supreme Court, Kings County, dated April 4, 1967, which vacated the determination and cancelled the license. Judgment reversed, on the law, without costs, proceeding dismissed on the merits and determination of the Authority confirmed. Appeal by the licensee dismissed, without costs. She did not file any brief or appear on the call of the calendar. The mere fact that petitioner's package liquor store, the one nearest to the applicant's proposed premises, was about 550 or 575 feet distant, does not mandate affirmance or reversal. However, in our opinion, the record before the Authority shows a rational basis for its conclusion that public convenience and advantage will be served by the issuance of the license ( Matter of Weinberg v. Royal Farms Allied, 27 A.D.2d 733; Matter of Sinacore v. State Liq. Auth., 28 A.D.2d 1127; cf. Matter of Nevis v. State Liq. Auth., 17 N.Y.2d 828; Matter of Hub Wine Liq. Co. v. State Liq. Auth., 16 N.Y.2d 112). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.