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MATTER OF URBANITE WINE MERCHANTS, INC. v. NEW YORK STATE LIQ. AUTH.

101858/19. Appeal No. 12678. Case No. 2020-03014.

189 A.D.3d 593 (2020)

134 N.Y.S.3d 178

2020 NY Slip Op 07684

In the Matter of Urbanite Wine Merchants, Inc., Respondent, v. New York State Liquor Authority, Appellant.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

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

Mehler & Buscemi, New York ( Martin P. Mehler of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

SLA's determination to disapprove the application of petitioner had a rational basis, was not arbitrary and capricious, and should not have been disturbed. On this record, SLA rationally concluded that petitioner failed to demonstrate that the issuing of a license would serve the "public convenience and advantage" in accordance with Alcoholic Beverage Control Law § 63(6), where there were four preexisting liquor stores within...

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