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MATTER OF 3800 WEST HENRIETTA ROAD, INC. v. NEW YORK STATE LIQUOR AUTHORITY

269 A.D.2d 784 (2000)

703 N.Y.S.2d 640

In the Matter of 3800 WEST HENRIETTA ROAD, INC., Doing Business as KLASSY KAT TAVERN, Respondent, v. NEW YORK STATE LIQUOR AUTHORITY, Appellant.

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

Decided February 16, 2000.

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

Memorandum:

Supreme Court erred in declaring null and void the determination of respondent, New York State Liquor Authority (SLA), finding that petitioner violated section 53.1 (s) of part 53 of the Rules of the SLA (9 NYCRR 53.1 [s]) (the Six-Foot Rule). 9 NYCRR 53.1 (s) constitutes a valid exercise of SLA's statutory rule-making authority (see, Matter of Hodge Pub v New York...

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