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MATTER OF PENTHOUSE 2019, INC. v. NEW YORK STATE LIQ. AUTH.

Index No. 158878/20. Appeal No. 14972. Case No. 2021-02318.

201 A.D.3d 440 (2022)

156 N.Y.S.3d 746

2022 NY Slip Op 00051

In the Matter of Penthouse 2019, Inc., Respondent, v. New York State Liquor Authority, Appellant.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Stefan Armstrong, New York, for appellant.

Hantman & Associates, New York (Nyall Cook of counsel), for respondent,

Concur—Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.

SLA's determination disapproving petitioner's application for an on-premises liquor license had a rational basis and was not arbitrary and capricious (see Matter of Wager v State Liq. Auth., 4 N.Y.2d 465, 468 [1958]; Matter of 7th Ave. Rest. Group LLC v New York State Liq. Auth., 101 A.D.3d 633 [1st Dept 2012]). The record shows that petitioner served alcoholic beverages at the premises...

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