Appellate Division of the Supreme Court of New York, 1966

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

Ocean Sea Food & Restaurant Corp. v. New York State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided March 15, 1966 · Botein, Eager, McNally, Steuer, Stevens
25 A.D.2d 636; 269 N.Y.S.2d 362; 1966 N.Y. App. Div. LEXIS 4767
Ocean Sea Food & Restaurant Corp. v. New York State Liquor Authority

Opinion of the Court

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 ยง 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' โ€” Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

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