3800 West Henrietta Road, Inc. v. New York State Liquor Authority

—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in declaring null and void the determination of respondent, New York State Liquor Authority (SLA), finding that petitioner violated section 53.1 (s) of part 53 of the Rules of the SLA (9 NYCRR 53.1 [s]) (the Six-Foot Rule). 9 NYCRR 53.1 (s) constitutes a valid exercise of SLA’s statutory rule-making authority (see, Matter of Hodge Pub v New York State Liq. Auth., 215 AD2d 35, 39-41; cf., Jay-Jay Cabaret v State of New York, 215 AD2d 172, lv denied 87 NY2d 802, rearg denied 87 NY2d…