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MATTER OF ECLIPSE DISCO, INC. v. NEW YORK STATE LIQUOR AUTH.

155 A.D.2d 304 (1989)

In the Matter of Eclipse Disco, Inc., Doing Business as Paled's, Appellant, v. New York State Liquor Authority, Respondent

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

November 16, 1989

We agree with the Supreme Court that the Authority acted within its power pursuant to 9 NYCRR 54.4 (c) (3) in ordering the hearing reopened. Moreover, petitioner's assertion that the Authority has failed to render a determination within the statutory time period is meritless since the dictates of section 120 of the Alcoholic Beverage Control Law are directory, not mandatory (see, Matter of Brenner v Bruckman, 253 App Div 607, appeal dismissed 278 N.Y...

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