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MATTER OF RASCALS REST. OF NIAGARA FALLS, NEW YORK, INC. v. NEW YORK STATE LIQUOR AUTH.

227 A.D.2d 889 (1996)

643 N.Y.S.2d 806

In the Matter of Rascals Restaurant of Niagara Falls, New York, Inc., Doing Business as The Inn, Respondent, v. New York State Liquor Authority, Appellant

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

May 31, 1996

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

Memorandum:

Petitioner corporation applied for an on-premises liquor license for a restaurant to be operated by petitioner's principals, Frederick and Antoinette Graci, in Niagara Falls. Respondent disapproved the application on the grounds that approval would not be conducive to proper regulation and control, that it would tend to create a substantial degree of risk and hazard...

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