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MATTER OF PHARAOHS GC, INC. v. NEW YORK STATE LIQ. AUTH.

639.1 CA 21-00292.

197 A.D.3d 1010 (2021)

150 N.Y.S.3d 662

2021 NY Slip Op 04881

In the Matter of Pharaohs GC, Inc., Respondent, v. New York State Liquor Authority, Appellant.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( SARAH L. ROSENBLUTH OF COUNSEL), FOR RESPONDENT-DEFENDANT-APPELLANT.

HOGAN WILLIG, PLLC, AMHERST ( BRETT D. TOKARCZYK OF COUNSEL), FOR PETITIONER-PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs and the judgment is vacated.

Memorandum: Petitioner commenced this hybrid CPLR article 78 proceeding and declaratory judgment action challenging COVID-19 pandemic-related guidance issued by respondent/defendant New York State Liquor Authority (SLA) that, among other things, prohibited exotic dancing during the pandemic at licensed bars and restaurants. SLA appeals from a judgment that, inter...

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