Appellate Division of the Supreme Court of New York, 1993

111 East 22nd Management Corp. v. New York State Liquor Authority

111 East 22nd Management Corp. v. New York State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided March 25, 1993
191 A.D.2d 363; 595 N.Y.S.2d 191
111 East 22nd Management Corp. v. New York State Liquor Authority

Opinion of the Court

—Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered June 1, 1992, which annulled respondent’s determination disapproving petitioner’s application for an on-premises liquor license, unanimously affirmed, without costs or disbursements.

The IAS Court correctly found that the United Cerebal Palsy building is not operated exclusively as a school, there being a number of activities conducted there, only a small portion of which are geared towards education. Accordingly, issuance of the license would not violate Alcoholic Beverage Control Law § 64-a (7) (Brasero Rest. v New York State Liq. *364Auth., 176 AD2d 462). Concur — Milonas, J. P., Ross, Asch and Rubin, JJ.

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