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MATTER OF SUMMERSET CORP. v. NEW YORK STATE LIQUOR AUTH.

120 A.D.2d 600 (1986)

In the Matter of Summerset Corporation, Doing Business as Dynasty I, Respondent, v. New York State Liquor Authority, Appellant

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

May 12, 1986

Appeal dismissed and judgment vacated.

Determination confirmed and proceeding dismissed on the merits.

The SLA is awarded costs.

Since the petitioner contends that the determination of the SLA, made after a hearing, was not supported by substantial evidence, the matter should have been transferred to this court for determination in the first instance (see, CPLR 7804 [g]). However, treating this case as though it had been properly transferred...

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