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Toth & Watanabe, Inc. v. New York State Liquor Authority

191 A.D.2d 218 Court N.Y. App. Div. Decision date 1993-03-04 English

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p. 218
In the Matter of Toth & Watanabe, Inc., Respondent, v New York State Liquor Authority, Appellant.
[594 NYS2d 199]

—Order, Supreme Court, New York County (Shirley Finger-hood, J.), entered June 29, 1992, which granted petitioner’s application pursuant to CPLR article 78 to annul respondent’s denial of petitioner’s application for an on-premises liquor license, and directed respondent to issue the license, unanimously affirmed, without costs.

Respondent’s finding that petitioner’s lack of experience would prevent it from effectively running a bar is mere speculation that has no rational basis in the record (see, Matter of Sled Hill Cafe v Hostetter, 22 NY2d 607 , 612-613), which demonstrates that three of the four principals operated their own business, that one of the principals ran a restaurant that sold liquor, and that petitioner hired a general manager with extensive liquor experience. Concur — Milonas, J. P., Rosenberger, Kupferman and Ross, JJ.

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