Kaplan v. Rohan

The State Liquor Authority appeals from a Special Term order which denied its motion to dismiss the petition in an article 78 proceeding brought to review and annul the Authority’s denial of a waiver of its rule 45. The waiver was sought by petitioners to enable them to apply for a restaurant liquor license. The motion to dismiss was upon the ground that the denial of a waiver is not .subject to review in the absence of express provision therefor in sections 2 and 121 of the Alcoholic Beverage Control Law which the Authority deems exclusive.

Buie 45 of the State Liquor Authority was amended…