MATTER OF FAYEZ REST., INC. v. STATE LIQUOR AUTH.


66 N.Y.2d 978 (1985)

In the Matter of Fayez Restaurant, Inc., Respondent, v. State Liquor Authority, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1985.


Attorney(s) appearing for the Case

Gloria M. Dabiri and Jean Smiertka Huff for appellant.

Arthur L. Harrow for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of the State Liquor Authority (SLA) disapproving petitioner's application for a restaurant beer and wine license reinstated.

Sections 64 (7) and 80 of the Alcoholic Beverage Control Law prohibit issuance of a liquor license for premises located within 200 feet of a building "occupied exclusively" as a church. The...

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