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MATTER OF PLAYMATES INTERNATIONAL-BYRON, INC. v. NEW YORK STATE LIQUOR AUTHORITY

262 A.D.2d 967 (1999)

691 N.Y.S.2d 814

In the Matter of PLAYMATES INTERNATIONAL-BYRON, INC., Doing Business as PLAYMATES, Respondent, v. NEW YORK STATE LIQUOR AUTHORITY, Appellant.

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

Decided June 18, 1999.

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

Memorandum:

Respondent disapproved petitioner's restaurant-wine license application for several reasons. Supreme Court granted the petition, annulled respondent's determination and ordered respondent to reconsider the application without considering the "6-foot rule" set forth in 9 NYCRR 53.1 (s). One of the other factors relied on by...

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