SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
September 29, 1969
IN THE MATTER OF THE BLUE BABY COCKTAIL LOUNGE, INC., PETITIONER,
NEW YORK STATE LIQUOR AUTHORITY, RESPONDENT
Proceeding under CPLR article 78 to annul respondent's determination, dated April 17, 1969, which disapproved petitioner's application for a special on-premises liquor license.
Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.
Petitioner has the burden of establishing that respondent acted arbitrarily or capriciously in exercising its discretion to refuse the requested license (Matter of Farina v. State Liq. Auth., 20 N.Y.2d 484; Matter of Wager v. State Liq. Auth., 4 N.Y.2d 465; Matter of Gambino v. State Liq. Auth., 4 A.D.2d 37, affd. 4 N.Y.2d 997). Petitioner has not discharged that burden; rather, the record discloses evidence reasonably justifying the discretion exercised by respondent in denying to petitioner the license sought by it.
Determination confirmed and proceeding dismissed, without costs.
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