ROSE GROUP PARK AVENUE LLC v. NYS LIQ. AUTH

117190/09, 5120

93 A.D.3d 1 (2012)

939 N.Y.S.2d 298

2012 NY Slip Op 310

ROSE GROUP PARK AVENUE LLC et al., Respondents, v. NEW YORK STATE LIQUOR AUTHORITY, Appellant. THE PRESERVATION COALITION et al., Intervenors-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 19, 2012.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Monica Wagner and Richard Dearing of counsel), for New York State Liquor Authority, appellant.

Kurzman Karelsen & Frank, LLP, New York City ( Charles Palella , Phyllis H. Weisberg and Marissa Winter of counsel), for Preservation Coalition and George Davis, intervenors-appellants.

Davis Wright Tremaine LLP, New York City ( Victor A. Kovner , Lacy H. Koonce, III and Monica Pa of counsel), for respondents.

TOM, J.P., SAXE, MOSKOWITZ and MANZANET-DANIELS, JJ., concur.


OPINION OF THE COURT

CATTERSON, J.

In this CPLR article 78 proceeding, petitioner Rose Group Park Avenue, a special events catering company, challenges respondent State Liquor Authority's (SLA) denial of its application for a liquor license for regularly scheduled events in a church located in midtown Manhattan. We find that Rose Group's catering facility in the Third Church of Christ, Scientist at Park Avenue and 63rd Street fails to meet the statutory...

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