Matter of Kusewich Realty Inc. v New York State Liq. Auth.

State: New York

Docket No: 2006 NY Slip Op 26334

Case Date: 07/14/2006

Plaintiff: Matter of Kusewich Realty Inc.

Defendant: New York State Liq. Auth.

Preview:
Supreme Court, Nassau County, July 14, 2006
APPEARANCES OF COUNSEL
Parisi & Patti, LLP, White Plains (Guy T. Parisi of counsel), for petitioner. Thomas J. Donohue, New York City, for respondent.
OPINION OF THE COURT
Thomas P. Phelan, J.
Petitioner brings this proceeding pursuant to CPLR article 78 challenging so much of a determination by respondent dated March 30, 2006 which it appears imposed a two-year proscription against all sale of alcoholic beverages involving the premises located at 1002 Fulton Street, Uniondale, New York.
Petitioner is the owner of the subject premises but not a licensee of respondent. Rather, since at least 1994, petitioner has leased the premises to outside corporate tenants which obtained and held alcoholic beverage licenses issued by respondent Authority. From in or about 1994 to early 2004 the premises were leased to Prince News Corp. As alleged by respondent, Prince was "forced to give up its liquor license because of all of the trouble occurring" at the premises (answer

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