MATTER OF ST. FRANCIS COMMANDERY NO. 102, KNIGHTS OF ST. JOHN OF ALBANY v. STATE LIQUOR AUTH.


27 A.D.2d 888 (1967)

In the Matter of St. Francis Commandery No. 102, Knights of St. John of Albany, Respondent, v. State Liquor Authority, Appellant

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

March 9, 1967


GIBSON, P. J.

Special Term correctly held that Matter of Marchi's Rest. v. Hostetter (21 A.D.2d 214, affd. 15 N.Y.2d 827) is dispositive of the issue. Appellant urges that, if issued, the license applied for would be a new license and not a "renewal" license. (Alcoholic Beverage Control Law, § 64, subd. 7.) Neither, in appellant's view, would it be a "step-up" in the classification...

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