Legal Opinion

MATTER OF FAYEZ REST., INC. v. State Liquor Auth.

New York Court of Appeals

Decided December 17, 1985PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the determination of the State Liquor Authority (SLA) disapproving petitioner’s application for a restaurant beer and wine license reinstated.

Sections 64 (7) and 80 of the Alcoholic Beverage Control Law prohibit issuance of a liquor license for premises located within 200 feet of a building "occupied exclusively” as a church. The issue presented by this appeal is whether the SLA properly denied petitioner such a license where its premises are within 200 feet of a building known as the…

2Cases cited6 opinions

  1. People Ex Rel. Cairns v. . MurrayNew York Court of Appeals · 1896
  2. Trustees of Calvary Presbyterian Church v. State Liquor AuthorityNew York Court of Appeals · 1936
  3. Trustees of Calvary Presbyterian Church v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1935
  4. People ex rel. Clausen v. MurrayAppellate Division of the Supreme Court of the State of New York · 1896
  5. Multi Million Miles Corp. v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Boiko v. HigginsAppellate Division of the Supreme Court of the State of New York · 1993
  2. Rose Group Park Avenue LLC v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  3. 111 East 22nd Management Corp. v. New York State Liquor AuthorityNew York Supreme Court · 1991
  4. AJ & J Restaurant Corp. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1994

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