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  5. 26 N.Y.2d 375 (1970)
 

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

26 N.Y.2d 375 (1970)

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

Court of Appeals of the State of New York.

Decided April 22, 1970.

Attorney(s) appearing for the Case

Stanley Stein and Eli Ratner for appellant.

Elvin I. Unterman and James B. Wigdor for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

BURKE, J.

Respondent operated a restaurant and was licensed to sell liquor at retail for on-premise consumption (Alcoholic Beverage Control Law, § 64). The State Liquor Authority ("Authority"), concluding that the premises had ceased "to be operated as a bona fide premises within the contemplation of the license issued" (9 NYCRR 53.1 [d]), canceled the license.

Since that determination, respondent...

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