Opinion
May 17, 1971
In a proceeding pursuant to article 78 of the CPLR to review appellant's determination dated May 11, 1970 which, without a hearing, disapproved petitioner's application for a beer license for consumption on the premises, the appeal is from a judgment of the Supreme Court, Nassau County, dated November 6, 1970, which granted the petition, annulled the determination and directed appellant to issue such license. Judgment reversed, on the law, without costs; petition dismissed on the merits; and appellant's determination confirmed, without costs. In our opinion the determination by the Authority was supported by substantial evidence, there was a reasonable basis for it and it was not arbitrary or capricious ( Matter of Gambino v. State Liq. Auth., 4 A.D.2d 37, 38, affd. 4 N.Y.2d 997; Matter of Danzo Estate v. New York State Liq. Auth., 27 N.Y.2d 469, 474). Latham, Acting P.J., Christ and Brennan, JJ., concur; Gulotta and Benjamin, JJ., dissent and vote to affirm the judgment.