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  5. 33 A.D.2d 36 (1969)
 

MTR. OF 330 REST. v. STATE LIQ. AUTH.

33 A.D.2d 36 (1969)

In the Matter of 330 Restaurant Corp., Petitioner, v. State Liquor Authority, Respondent

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

October 30, 1969.

Attorney(s) appearing for the Case

Elvin I. Unterman of counsel (James B. Wigdor with him on the brief), for petitioner.

Stanley Stein of counsel (Eli Ratner, attorney), for respondent.

McGIVERN and MACKEN, JJ., concur with STEUER, J.; MARKEWICH, J., concurs in an opinion; CAPOZZOLI, J. P., dissents in opinion.

STEUER, J.

Petitioner, the holder of a restaurant liquor license, brings this article 78 proceeding to annul the action of respondent State Liquor Authority in canceling its license. Respondent bases its action on a claimed violation of rule 36 of its rules (9 NYCRR 53.1) in that it claims that the licensed premises ceased to be operated as a bona fide premises within the contemplation of the license issued.<...

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