Winejournal Inc. v. State Liquor Authority

The respondent State Liquor Authority (Authority) has moved to dismiss this CPLR article 78 petition alleging that the challenged determination is not "final” (CPLR 7801, subd 1); that the relief requested raises none of the questions which such a proceeding is designed to answer (CPLR 7803); and that the issues, not being among those enumerated in section 121 of the Alcoholic Beverage Control Law, are beyond this court’s jurisdiction.

For the purposes of this motion, we assume the facts alleged in the petition to be true (Cutcher v Nyquist, 39 AD2d 810). The petitioner, since February, 1972,…