Matter of Galaxy Bar & Grill Corp. v. New York State Liq. Auth.

Tom, J.R, and Andrias, J.,

dissent in a memorandum by Tom, J.P., as follows: The Liquor Authority’s decision to deny petitioner’s application for a full on-premises liquor license has a rational basis in the record and was not arbitrary and capricious. Accordingly, I dissent.

Petitioner’s 2015 application was for a bar/tavern and cabaret, with live and recorded music, plus dancing. Carmel Jean Loiseau signed the application as petitioner’s principal. Loiseau’s prior experience was listed as building maintenance and maintenance manager. Loiseau also indicated that petitioner’s application had…