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MATTER OF 151ST ST. DISCOUNT LIQS., INC. v. NEW YORK STATE LIQ. AUTH.

Index No. 161298/19. Appeal No. 12536. Case No. 2020-01533.

189 A.D.3d 426 (2020)

137 N.Y.S.3d 311

2020 NY Slip Op 07265

In the Matter of 151st St. Discount Liquors, Inc., Respondent, v. New York State Liquor Authority, Appellant.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Gary Meyerhoff , New York State Liquor Authority, Albany ( Mark D. Frering of counsel), for appellant.

Joseph A. Altman, P.C., Bronx ( Joseph A. Altman of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.

Petitioner, a dissolved corporation by proclamation pursuant to Tax Law § 203-a, lacked legal capacity to bring this proceeding to review, annul and vacate the cancellation of its liquor license, warranting dismissal of its article 78 petition (see Business Corporation Law § 1005[a][1]; B & O Realty Corp. v Chong-Yau Jeng, 201 A.D.2d 439 [1st Dept 1994]).

In any event, the punishment imposed by respondent...

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