MATTER OF TIRDELL v. State Liquor Auth.

Dye, J. (dissenting).

I dissent and vote to reverse. In an article 78 proceeding to review a determination of the State Liquor Authority, approving the petitioners’ application for removal of their licensed premises, the Special Term remitted the matter to the Authority for further consideration.

At the hearing held on such remand additional testimony was received in reference to the usability of two doorways of a school *937building which was located within 200 feet of the leased premises, one of which was 184.3 feet and the other 190.2 feet from the licensed premises. Following the rehearing at…