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MATTER OF CAPIZZI v. NEW YORK STATE DIV. OF ALCOHOLIC BEVERAGE CONTROL

231 A.D.2d 881 (1996)

647 N.Y.S.2d 594

In the Matter of Russell A. Capizzi, Petitioner, v. New York State Division of Alcoholic Beverage Control et al., Respondents

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

September 27, 1996

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

In this CPLR article 78 proceeding, petitioner challenges a determination of the New York State Liquor Authority (SLA) that denied his application for a retail liquor license on that ground that the premises are within 200 feet of a building occupied exclusively as a church (see, Alcoholic Beverage Control Law § 105 [3]). We confirm the determination.

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