MATTER OF SURFACE LINE OPERATORS FRATERNAL ORG., INC. v. NEW YORK STATE LIQUOR AUTH.


25 A.D.2d 775 (1966)

In the Matter of Surface Line Operators Fraternal Organization, Inc., Respondent, v. New York State Liquor Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 18, 1966


Judgment affirmed, with costs.

The Authority's denial of the application was grounded solely upon the theory that such action by it was mandatory under subdivision 7 of section 64 of the Alcoholic Beverage Control Law. That statutory provision prohibits the granting of a license for any premises which are "on the same street or avenue and within two hundred feet of a building occupied exclusively as a school". The school building and the petitioner's premises here...

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