MATTER OF B.A. BERNER, INC. v. NEW YORK STATE LIQUOR AUTH.


219 A.D.2d 803 (1995)

632 N.Y.S.2d 1022

In the Matter of B.A. Berner, Inc., Doing Business as Hot Spot, Respondent, v. New York State Liquor Authority, Appellant

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

September 29, 1995


Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the petition and annulling the determination of respondent to deny petitioner's application for an on-premises liquor license. From our review of the record, we conclude that the determination of respondent to deny petitioner the license was a reasonable exercise of its discretion (see, Matter of Zito v State Liq. Auth.,...

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