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SEAFOOD CAFE v. LIQ AUTH

103 Misc.2d 402 (1980)

In the Matter of Jane Street Seafood Cafe Corp., Petitioner, v. New York State Liquor Authority, Respondent.

Supreme Court, Special Term, New York County.

February 27, 1980.

Attorney(s) appearing for the Case

Robert N. Swetnick for petitioner. Warren B. Pesetsky for respondent.

RICHARD W. WALLACH, J.

The State Liquor Authority has denied a restaurant liquor license to petitioner, the Jane Street Seafood Cafe Corp., on the ground that the cafe's entrance is 85 feet from "a building occupied exclusively as * * * church * * * or other place of worship" (Alcoholic Beverage Control Law, § 64-a).

In this CPLR article 78 proceeding the cafe, which has been the subject of favorable...

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