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MATTER OF BLACK NORTH ASSOCIATES, INC. v. KELLY

281 A.D.2d 974 (2001)

722 N.Y.S.2d 666

In the Matter of BLACK NORTH ASSOCIATES, INC., Doing Business as BLACK NORTH INN, Petitioner, v. EDWARD KELLY, as Chairman of New York State Liquor Authority, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2001.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

In this CPLR article 78 proceeding transferred to our Court (see, CPLR 7804 [g]), petitioner contends that the determination following a hearing that it violated Alcoholic Beverage Control Law § 106 (6) and 9 NYCRR 53.1 (t) by permitting gambling on its premises is not supported by substantial evidence. We disagree. Petitioner operates a bar in Kent, and in 1998...

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