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MATTER ANAK WINE & LIQUOR CO. v. NEW YORK STATE LIQUOR AUTHORITY ET AL. (10/07/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


October 7, 1968

IN THE MATTER OF ANAK WINE & LIQUOR CO., INC., RESPONDENT,
v.
NEW YORK STATE LIQUOR AUTHORITY ET AL., APPELLANTS

In a proceeding under section 123 of the Alcoholic Beverage Control Law, the appeal is from an order of the Supreme Court, Kings County, dated April 20, 1967, which (a) annulled a determination of the appellant Authority approving the issuance of a package store license to appellant Murray Wine & Liquor, Inc., for certain premises; and (b) enjoined the issuance of such license and the operation of a package liquor store by appellant Murray Wine & Liquor, Inc., at said premises. 53 Misc. 2d 924.

Beldock, P. J., Christ, Rabin, Hopkins and Benjamin, JJ. concur.

In our opinion, the record discloses a rational basis for the Authority's determination that the license should be issued. Hence, the courts may not disturb it (see Matter of Sinacore v. New York State Liq. Auth., 21 N.Y.2d 379).

Disposition

Order reversed, on the law, with one bill of costs, payable jointly to appellants filing separate briefs; determination of the Authority confirmed; and proceeding dismissed. No questions of fact were considered on this appeal.

19681007

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