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CELESTIAL FOOD v. LIQ AUTH

99 A.D.2d 25 (1984)

In the Matter of Celestial Food Corp. of Coram, Inc., Doing Business as Nathan's Famous Restaurant, Respondent, v. New York State Liquor Authority, Appellant

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

February 6, 1984

Attorney(s) appearing for the Case

Stanley Stein (Joseph S. Ryan of counsel), for appellant.

Jacobson & Goldberg (Richard Schnoll of counsel), for respondent.

THOMPSON, RUBIN and BOYERS, JJ., concur.

TITONE, J. P.

The sole issue on this appeal is whether the determination of the appellant Liquor Authority requiring the petitioner to permanently seal access to an unlicensed game room as a condition to the issuance of an eating place beer license is arbitrary and capricious. Inasmuch as it cannot be said that the imposition of such a condition is without sound basis in reason and without regard to the facts...

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