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MATTER OF DOMIN v. NEW YORK STATE LIQUOR AUTH.

216 A.D.2d 297 (1995)

627 N.Y.S.2d 748

In the Matter of Mitchell E. Domin, Jr., Petitioner, v. New York State Liquor Authority, Respondent

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

June 5, 1995

Adjudged that the petition is granted, the determination is annulled, on the law, with costs, and the charge is dismissed.

Contrary to the respondent's contention, Alcoholic Beverage Control Law § 102 (3-b) "pertains only to the sale of liquor and not to the simple delivery of alcoholic beverages" (Matter of CVS Discount Liq. v New York State Liq. Auth., 207 A.D.2d 891, 893). In this case, the respondent has failed to...

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