In the Matter of the Application of Nostrand & Halsey LLC

Motion No: M-4319

Slip Opinion No: 2017 NYSlipOp 87002(U)

Decided on September 26, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 26, 2017

In the Matter of the Application of

Nostrand & Halsey LLC,

Petitioner,

For a Review Pursuant to Article 78of the Civil Practice Law and Rules,

v

New York State Liquor Authority,

Respondent.

An Article 78 proceeding to review a determination of respondent having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about August 10, 2017, And petitioner having moved for a stay of the order cancelling its on-premises liquor license, and to stay respondent from interfering with petitioner's lawful activities at the premises, pending hearing and determination of the aforesaid proceeding, And an order of this Court having been entered on August 10, 2017, denying an interim stay of respondent's order, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: September 26, 2017

_____________________ CLERK

Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-4319

Index No. 101069/17