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MATTER OF RIVERHEAD TAVERN, INC. v. NEW YORK STATE LIQUOR AUTHORITY

61 A.D.3d 877 (2009)

876 N.Y.S.2d 882

In the Matter of RIVERHEAD TAVERN, INC., Appellant, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 21, 2009.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was, in effect, in the nature of mandamus to compel the New York State Liquor Authority to conduct a postdetermination hearing in accordance with 9 NYCRR 52.1 is granted, the motion of Riverhead Tavern, Inc., for summary judgment declaring that it is entitled to such a postdetermination hearing is denied as unnecessary, and the cause of action...

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