MATTER OF COMEDY PLAYHOUSE, LLC v. NEW YORK STATE LIQUOR AUTHORITY

TP 10-02213.

83 A.D.3d 1397 (2011)

919 N.Y.S.2d 710

In the Matter of COMEDY PLAYHOUSE, LLC, Petitioner, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

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

Decided April 1, 2011.


It is hereby ordered that the determination is unanimously annulled on the law without costs, the petition is granted and the charge against petitioner is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that it violated Alcoholic Beverage Control Law § 128. Although this proceeding was improperly transferred to this Court pursuant to CPLR 7804 (g) because...

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