2 West 125th Liquors, Inc. v. New York State Liquor Authority

Rubin and Tom, JJ., dissent in a memorandum by Tom, J., as follows:

I respectfully dissent and would vote to confirm the determination of the State Liquor Authority and dismiss the petition. I take issue, and strongly disagree, with the majority’s characterization of petitioner’s conduct as of a "technical nature” in view of the evidence presented at the hearing.

Petitioner 2 West 125th Liquors, Inc. ("2 West”) was issued an off-premises liquor license by the New York State Liquor Authority (the "Liquor Authority”) on or about June 9, 1987 for the premises designated as 2 West 125th Street, New…