MATTER OF WALDMAN v. NEW YORK STATE LIQUOR AUTHORITY


281 A.D.2d 286 (2001)

722 N.Y.S.2d 142

In the Matter of STUART WALDMAN et al., Respondents, v. NEW YORK STATE LIQUOR AUTHORITY et al., Respondents, and CHRISMA, INC., Appellant.

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

Decided March 20, 2001.


Judicial review of a Liquor Authority determination to grant a license is subject to the court's "duty to make certain that the administrative official has not acted * * * in disregard of the standard prescribed by the legislature" (Matter of Guardian Life Ins. Co. v Bohlinger, 308 N.Y. 174, 183). As the motion court explained, and as all concerned acknowledge, due to the proximity of other licensed premises, the Authority was subject...

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