
    In the Matter of Charles L. Hadley, Respondent, v State of New York Liquor Authority, Appellant.
    Judgment unanimously affirmed, with costs. Memorandum: Respondent liquor authority appeals from a judgment annulling its determination disapproving petitioner’s application for an off-premises beer license in his establishment for the sale of foodstuffs, operated under the name of Don’s Farm to U Market on Route 15 in the Town of Bath, New York. Although the local ABC board recommended issuance of the license, respondent denied it on the ground that it was not satisfied that the premises are a bona fide store within the contemplation of the Alcoholic Beverage Control Law. The record shows that petitioner sells a broad line of foodstuffs and that the only items that it does not carry that chain grocery stores do are health aids, some canned foods, staples, fresh meats and paper products. Section 54 of the Alcoholic Beverage Control Law authorizes the issuance of an off-premises retail beer license to a store such as petitioner operates. In the absence of some adverse showing concerning petitioner’s character or prior conduct, the action of respondent in denying the application was arbitrary and an abuse of discretion. (Appeal from judgment of Steuben Supreme Court—CPLR art 78.)
   Present—Dillon, P. J., Cardamone, Doerr, Witmer and Moule, JJ.  