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ROTUNNO v. CITY OF ROCHESTER

120 A.D.2d 160 (1986)

Louis J. Rotunno et al., Respondents, v. City of Rochester, Defendant, and New York State Liquor Authority, Appellant

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

November 10, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter J. Dooley and William J. Kogan of counsel), for appellant.

Harris, Beach, Wilcox, Rubin & Levey (Paul J. Yesawich, III, of counsel), for respondents.

DENMAN, GREEN, PINE and BALIO, JJ., concur.

DILLON, P. J.

The principal issue presented on this appeal is whether the New York State Liquor Authority (SLA) exceeded its powers in promulgating Official Compilation of Codes, Rules and Regulations of the State of New York, title 9, § 100.1 (c) (9 NYCRR 100.1 [c]). We hold that it did, and that the regulation is unenforceable against these plaintiffs.

Alcoholic Beverage Control Law § 128...

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