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MATTER OF JUNK YARD, INC. v. NEW YORK STATE DIVISION OF ALCOHOLIC BEVERAGE CONTROL

283 A.D.2d 1009 (2001)

725 N.Y.S.2d 248

In the Matter of JUNK YARD, INC., Appellant, v. NEW YORK STATE DIVISION OF ALCOHOLIC BEVERAGE CONTROL, Respondent.

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

Decided May 2, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the CPLR article 78 petition seeking to annul the determination denying petitioner's application for an on-premises liquor license for premises located at 35 Water Street in the Village of Fredonia. In denying the application, respondent properly considered the number, classes and character of licenses in proximity to the location of the premises and in the particular...

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