Yi Ho Garden, Inc. v. New York State Liquor Authority

Determination denying petitioner’s application for a restaurant liquor license unanimously annulled, on the law, and the matter remanded to the State Liquor Authority for the purpose of processing the application, with $50 eosts to petitioner-appellant. Denial by the Authority of a restaurant liquor license to petitioner was premised on the proximity of a church. The record, however, establishes beyond reasonable argument that the building in question, for the proximity of which the application was denied, was not used exclusively or predominantly as a church with only incidental uses being…