In the Matter of the Application of B & M Nachos Corp.

Motion No: M-4627

Slip Opinion No: 2017 NYSlipOp 89159(U)

Decided on October 12, 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.

October 12, 2017

In the Matter of the Application of

B & M Nachos Corp.,

Petitioner,

For an Order Pursuant to Article 78of the Civil Practice Law and Rules,

v

New York State Liquor Authority,

Respondent.

In this transferred Article 78 proceeding under CPLR 7804(g), petitioner having moved to stay enforcement of an order of the New York State Liquor Authority, dated July 31, 2017, cancelling its liquor license, and for other relief, pending hearing and determination of the aforesaid transferred proceeding, 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: October 12, 2017

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern Anil C. Singh, Justices

M-4627

Index No. 101075/17