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Matter Rochdale Mall Wines & Liquors v. State Liquor Authority Et Al.

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eBook details

  • Title: Matter Rochdale Mall Wines & Liquors v. State Liquor Authority Et Al.
  • Author : Supreme Court of New York
  • Release Date : January 03, 1968
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

In a proceeding under CPLR article 78 to annul the respondent Authority's determination canceling petitioner's liquor license, petition granted and determination annulled, without costs, and the Authority is directed to reinstate the license forthwith. Petitioner's license was cancelled on the basis of the following three charges: (1) that petitioner had made a false statement in its application for license, (2) that the officers of petitioner were guilty of improper conduct within subdivision 14 of rule 36 of the Rules of the State Liquor Authority and (3) that the licensed premises were not located on a ""public thoroughfare"" within the meaning of subdivision 2 of section 105 of the Alcoholic Beverage Control Law. Petitioner's premises are located in the Rochdale Village Shopping Center, which is a fully enclosed mall shopping center. The individual stores in the Center can only be approached by going through one of three main doors of the enclosed ""building"". The ""building"" containing the subject premises is owned by a private corporation and the three doors to it are locked between the hours of 12 midnight and 6:00 A.M.


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