Opinion
October 7, 1968
In a proceeding under section 123 Alco. Bev. Cont. of the Alcoholic Beverage Control Law, the appeal is from an order of the Supreme Court, Kings County, dated April 20, 1967, which (a) annulled a determination of the appellant Authority approving the issuance of a package store license to appellant Murray Wine Liquor, Inc., for certain premises; and (b) enjoined the issuance of such license and the operation of a package liquor store by appellant Murray Wine Liquor, Inc., at said premises. Order reversed, on the law, with one bill of costs, payable jointly to appellants filing separate briefs; determination of the Authority confirmed; and proceeding dismissed. No questions of fact were considered on this appeal. In our opinion, the record discloses a rational basis for the Authority's determination that the license should be issued. Hence, the courts may not disturb it (see Matter of Sinacore v. New York State Liq. Auth., 21 N.Y.2d 379). Beldock, P.J., Christ, Rabin, Hopkins and Benjamin, JJ., concur. [ 53 Misc.2d 924.]