MATTER OF BUBANY v. STATE LIQUOR AUTH.


27 A.D.2d 752 (1967)

In the Matter of John Bubany, Petitioner, v. State Liquor Authority, Respondent

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

February 27, 1967


Determination annulled, without costs, and matter remitted to respondent for the purpose of holding a hearing, in accordance with the memorandum herewith, and making a determination de novo.

In our opinion, it is clear from the record presented that petitioner's application was disapproved because the premises were within 200 feet of a school and thus were barred by subdivision 3 of section 105 of the Alcoholic Beverage Control Law. However, the premises are...

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