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MATTER OF 156 10TH AVE. WINE & LIQ. INC. v. NEW YORK STATE LIQ. AUTH.

154203/20. Appeal No. 13172. Case No. 2020-03537.

191 A.D.3d 552 (2021)

138 N.Y.S.3d 859

2021 NY Slip Op 01116

In the Matter of 156 10th Avenue Wine & Liquor Inc., Petitioner, v. New York State Liquor Authority, Respondent.

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

Decided February 18, 2021.

Attorney(s) appearing for the Case

Mehler & Buscemi, New York ( Francis R. Buscemi of counsel), for petitioner.

Gary Meyerhoff , New York ( Stefan Armstrong of counsel), for respondent.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.

As an initial matter, it is noted that petitioner does not challenge the finding that it used a trade name for its store without seeking or obtaining respondent's permission (see 9 NYCRR 53.1[p]).

As to the failure to disclose, respondent's determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176

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