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MATTER OF EMPIRE STATE BEER DISTRIBUTORS ASSOCIATION, INC. v. NEW YORK STATE LIQUOR AUTHORITY

5675. 102016/15.

158 A.D.3d 480 (2018)

67 N.Y.S.3d 833

2018 NY Slip Op 00924

In the Matter of EMPIRE STATE BEER DISTRIBUTORS ASSOCIATION, INC., et al., Respondents, v. NEW YORK STATE LIQUOR AUTHORITY, Appellant, and COSTCO WHOLESALE CORPORATION et al., Intervenors-Respondents-Appellants.

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

Decided February 8, 2018.

NYSLA's determination denying petitioner's FOIL request was not "affected by an error of law" (CPLR 7803 [3]; see Mulgrew v Board of Educ. of the City School Dist. of the City of N.Y., 87 A.D.3d 506 [1st Dept 2011], lv denied 18 N.Y.3d 806 [2012]). Respondents met their burden of establishing that disclosure of the redacted portions of NYSLA's separate stipulations with the two intervenors...

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