MATTER OF BEST v. NEW YORK STATE LIQUOR AUTH.


89 A.D.2d 893 (1982)

In the Matter of Charles W. Best et al., Doing Business as Keg and Cheese Shoppe, Petitioners, v. New York State Liquor Authority, Respondent

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

August 16, 1982


Petition granted, determination annulled, on the law, without costs or disbursements, and respondent is directed to reinstate petitioners' license and bond.

Respondent's determination that petitioners were not operating a "grocery store" as defined by subdivision 13 of section 3 of the Alcoholic Beverage Control Law is not supported by substantial evidence. The record establishes that food sales were a substantial portion of petitioners' sales, and the selection may...

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