In the Matter of Glamy Liquors, Inc., et al., Respondents, v. New York State Liquor Authority, Appellant, and Andy's Wines & Liquors, Inc., Respondent

In the Matter of Glamy Liquors, Inc., et al., Respondents, v. New York State Liquor Authority, Appellant, and Andy’s Wines & Liquors, Inc., Respondent. [MAJORITY] In a proceeding under article 78 of the CPLR by a number of licensed owners of separate package liquor stores in the Borough of Brooklyn, to review and to annul a determination of the Hew York State Liquor Authority, which granted the application of respondent Andy’s Wines & Liquors, Inc. to remove its package liquor store from its original location in Bronx County to the vicinity of the petitioners’ respective premises in Brooklyn, the Authority appeals, by permission of the Supreme Court, Kings County, and as limited by its brief, from so much of an order of said court, entered Januai-y 7, 1965, as annulled said determination and remitted the removal application to the Authority for the purpose of making findings on the issue of public convenience and advantage based upon the particular facts in this case. Order modified by further directing that the removal application be remitted to the Authority: (1) for an investigation with respect to the existing conditions in both localities; (2) for a determination, containing specific findings of fact, upon the question of whether public convenience and advantage require the granting or denial of said application; and (3) for further proceedings not inconsistent herewith. No questions of fact have been considered by this court. As so modified, order insofar as appealed from affirmed, without costs for the reasons set forth by this court in Matter of Stone v. New York State Liq. Auth. (23 A D 2d 766.) (For related appeal, see Matter of Giorgini v. New York State Liq. Auth., 23 A D 2d 772.) Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.