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MATTER OF 47 AVE. B EAST INC. v. NEW YORK STATE LIQUOR AUTHORITY

1620, 101299/09

72 A.D.3d 465 (2010)

897 N.Y.S.2d 633

In the Matter of 47 AVE. B EAST INC., Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

Decided April 8, 2010.

Respondent's finding that petitioner unlawfully transferred alcoholic beverages to another entity did not establish that petitioner sold such beverages, a key element in proving a violation of Alcoholic Beverage Control Law § 100 (1) (see Matter of Henry St. Liqs. v New York State Liq. Auth., 227 A.D.2d 258 [1996]; see also Matter of Domin v New York State Liq. Auth., ...

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