Cosmopolitan Catering Corp. v. Hostetter

This is an article 78 proceeding to annul the determination disapproving petitioner’s application for a restaurant liquor license. The grounds for refusal of the application are not now involved, since respondents constituting the members of the State Liquor Authority have preliminarily moved pursuant to subdivision (f) of section 7804 of the Civil Practice Law and Rules to dismiss the proceeding in point of law as not having been commenced within four months after the determination became final and binding (CPLR 217).

The rule generally applicable where, following a determination by an…