Ocean Sea Food & Restaurant Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Ocean Sea Food & Restaurant Corp. v. New York State Liquor Authority

25 A.D.2d 636, 269 N.Y.S.2d 362, 1966 N.Y. App. Div. LEXIS 4767

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1966·Published

Opinion

Determination unanimously annulled, on the law, with $50 costs and disbursements to petitioner, and the matter remanded to respondent with a direction to process the application for the license. The record lacks substantial evidence to support the finding made by respondent. The opening or entrance in question is not used as an entrance or exit to the church. (Alcoholic Beverage Control Law § 64, subd. 7; Matter of Cup & Saucer Cottage Best. v. New York State Liq. Auth., 19 A D 2d 597, affd. 13 N Y 2d 1050.)

Concur' — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

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Determination unanimously annulled, on the law, with $50 costs and disbursements to petitioner, and the matter remanded to respondent with a direction to process the application for the license. The record lacks substantial evidence to support the finding made by respondent. The opening or entrance in question is not used as an entrance or exit to the church. (Alcoholic Beverage Control Law § 64, subd. 7; Matter of Cup & Saucer Cottage Best. v. New York State Liq. Auth., 19 A D 2d 597, affd. 13 N Y 2d 1050.)

Concur' — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

Ocean Sea Food & Restaurant Corp. v. New York State Liquor Authority, 25 A.D.2d 636, 269 N.Y.S.2d 362, 1966 N.Y. App. Div. LEXIS 4767 (N.Y. Ct. App. 1966).

Pincite

25 A.D.2d 636 (Ocean Sea Food & Restaurant Corp. v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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