Legal Opinion
Capizzi v. New York State Division of Alcoholic Beverage Control
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1996PublishedCited by 1 opinion
1Opinion of the Court
Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding, petitioner challenges a determination of the New York State Liquor Authority (SLA) that denied his application for a retail liquor license on that ground that the premises are within 200 feet of a building occupied exclusively as a church (see, Alcoholic Beverage Control Law § 105 [3]). We confirm the determination.
Contrary to petitioner’s contention, the substantial evidence standard of review set forth in CPLR 7803 (4) does not apply here because the administrative…
2Cases cited7 opinions
- Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
- Rochester Colony, Inc. v. HostetterAppellate Division of the Supreme Court of the State of New York · 1963
- Trustees of Calvary Presbyterian Church v. State Liquor AuthorityNew York Court of Appeals · 1936
- Trustees of Calvary Presbyterian Church v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1935
- Multi Million Miles Corp. v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Flatiron Community Ass'n v. New York State Liquor AuthorityNew York Supreme Court · 2004