74 A.D.2d 930 | N.Y. App. Div. | 1980
Lead Opinion
Appeal from a judgment of the Supreme Court at Special Term, entered April 5, 1979 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, seeking to vacate respondent’s determination denying petitioner an off-premises beer license and direct respondent to issue such license upon petitioner’s tender of the appropriate fee and bond. Petitioner sought an off-premises beer license to sell beer in connection with a grocery business she operates. The store is leased to petitioner from petitioner and her husband, owners of the premises, for $150
Dissenting Opinion
dissents and votes to reverse in the following memorandum. Kane J. (dissenting). I am unable to conclude that petitioner’s husband is not "either directly or indirectly interested in the * * * sale of alcoholic beverages” (Alcoholic Beverage Control Law, § 128), under the facts of this case. Furthermore, the authorities cited by the majority as support for their position are, in my view, clearly distinguishable. Accordingly, since there is a rational basis for the determination of respondent, I would reverse (Matter of Howard v Wyman, 28 NY2d 434).