N.Y. Alcoholic Beverage Control Law § 106: Provisions governing licensees to sell at retail for consumption on the premises

§ 106. Provisions governing licensees to sell at retail for

consumption on the premises. 1. No retail license for on-premises

consumption shall be granted for any premises, unless the applicant

shall be the owner thereof, or shall be in possession of said premises

under a lease, management agreement or other agreement giving the

applicant control over the food and beverage at the premises, in

writing, for a term not less than the license period except, however,

that such license may thereafter be renewed without the requirement of a

lease, management agreement or other agreement giving the applicant

control over the food and beverage at the premises, as herein provided.

This subdivision shall not apply to premises leased from government

agencies, as defined under subdivision twelve-c of section three of this

chapter; provided, however, that the appropriate administrator of such

government agency provides some form of written documentation regarding

the terms of occupancy under which the applicant is leasing said

premises from the government agency for presentation to the state liquor

authority at the time of the license application. Such documentation

shall include the terms of occupancy between the applicant and the

government agency, including, but not limited to, any short-term leasing

agreements or written occupancy agreements.

2. (a) No retail licensee for on-premises consumption, except

corporations operating railroad cars or aircraft being operated on

regularly scheduled flights by a United States certificated airline or

persons or corporations operating a hotel, as defined in subdivision

fourteen of section three of this chapter, for exclusive use in the

furnishing of room service in the manner prescribed by rule or

regulation of the state liquor authority, shall keep upon the licensed

premises any liquors and/or wines in any cask, barrel, keg, hogshead or

other container, except in the original sealed package as received from

the manufacturer or wholesaler. Such containers shall have affixed

thereto such labels as may be required by the rules of the liquor

authority, together with all necessary federal revenue and New York

state excise stamps as required by law. No retail licensee for

on-premises consumption shall reuse, refill, tamper with, intentionally

adulterate, dilute or fortify the contents of any container of alcoholic

beverages as received from the manufacturer or wholesaler.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, a retail licensee for on-premises consumption may prepare

and keep drinks containing alcoholic beverages in dispensing machines,

having capacities of not less than a gallon, which continually mix such

drinks or utilizing a pressurized mixing and dispensing system.

* 2-a. (a) Notwithstanding any provision of law to the contrary, in

addition to any other privilege provided under this chapter, any retail

license that allows for liquor and/or wine sale for on-premises

consumption shall also include the privilege to sell for take-out and

delivery, any product it may otherwise sell at retail, subject to the

following conditions:

(i) any purchase for take-out or delivery must be accompanied by a

purchase of a substantial food item;

(ii) the alcoholic beverages are packaged in a container with a secure

lid or cap sealed in a manner designed to prevent consumption without

removal of the lid or cap by breaking the seal;

(iii) beverages purchased for take-out or delivery are subject to any

applicable state and municipal open container laws, rules, regulations,

or ordinances;

(iv) takeout and delivery of alcoholic beverages may only occur during

licensed hours of operation of on premises retailers in the county in

which the licensed premises are located or, if different, the hours of

operation set forth in the licensee's method of operation with the

authority;

(v) the price per serving shall be the same as if consumed on premises

and shall not be sold as part of any promotion or special unless such

promotion or special is also available for consumption on premises; and

further provided each serving shall be available only in the same manner

as available on premises;

(vi) the licensee shall not sell for take-out, or deliver, any bottles

of liquor or bottles of wine;

(vii) the licensee shall not advertise or promote the sale of full

bottles of wine or liquor for off-premises consumption; and

(viii) the licensee shall not display full bottles of wine or liquor

for the purpose of promoting the sale of such products for off-premises

consumption.

(b) Deliveries made via motor vehicle shall only be made in (i) a

vehicle permitted by the authority pursuant to section ninety-four of

this chapter, or (ii) in a vehicle owned and operated, or hired and

operated, by the licensee or its employee pursuant to section one

hundred sixteen of this article; provided deliveries may be made

utilizing the vehicle of an employee of the licensee, and provided

further that a copy of the permit or license must be present in any

vehicle while making deliveries. Delivery must be to a residential

address, and may not be delivered except to a person twenty-one years of

age or older at that residence who is not at the time of delivery

intoxicated. Delivery drivers shall require a recipient, at the delivery

address, upon delivery, to demonstrate that the recipient is at least

twenty-one years of age by providing a valid form of photographic

identification authorized by section sixty-five-b of this chapter.

(c) Nothing in this subdivision shall be construed to change the

existing privilege of a retail licensee for on-premises consumption to

sell beer, cider, or mead for consumption off the premises as currently

provided for in this chapter. Provided, further, that nothing contained

in this subdivision shall be deemed to supersede the provisions of

section one thousand two hundred twenty-seven of the vehicle and traffic

law.

(d) The authority may promulgate guidance, rules and regulations

necessary to implement the provisions of this subdivision.

(e) The authority may, on its own initiative or on complaint of any

person, institute proceedings to suspend or revoke a licensee's ability

to sell alcoholic beverages for takeout or delivery pursuant to this

subdivision after a hearing, in accordance with section one hundred

nineteen of this article, at which such licensee shall be given an

opportunity to be heard. Such proceedings and such hearing shall be held

in such manner and upon such notice as may be prescribed by the rules of

the authority.

* NB Repealed April 9, 2030

2-b. Notwithstanding any provision of this chapter to the contrary, a

retail licensee for on-premises consumption shall be authorized to

purchase up to six bottles of wine or liquor in the aggregate per week

from an off-premises retail licensee, and may resell any wine and liquor

so purchased for consumption on the premises licensed therefor.

3. No retail licensee for on-premises consumption shall sell, deliver

or give away, or cause or permit or procure to be sold, delivered or

given away any liquors and/or wines for consumption off the premises

where sold. The provisions of this subdivision shall not prohibit a

licensed winery or farm winery from allowing a patron to leave the

winery or farm winery with a partially consumed bottle of wine provided

that the removal of the bottle is done in accordance with subdivision

four of section eighty-one of this chapter.

4. (a) No liquors and/or wines shall be sold or served in premises

licensed under section sixty-four or clause (a) of subdivision six of

section sixty-four-a of this chapter, except at tables where food may be

served and except as provided by subdivision four of section one

hundred.

(b) No liquors and/or wines shall be sold or served in premises

licensed under clause (b) of subdivision six of section sixty-four-a of

this chapter, except at such times and upon such conditions and by the

use of such facilities as the liquor authority, by regulation, may

prescribe with due regard to the convenience of the public and the

strict avoidance of sales prohibited by this chapter.

4-a. No beer shall be sold or served at a bar, counter or other

similar contrivance unless a card, sign or plate, visible to the

customer, upon which the name of the brewer is conspicuously and legibly

displayed, is annexed or affixed to the tap or faucet from which the

beer is drawn.

* 5. No alcoholic beverages shall be sold, offered for sale or given

away upon any premises licensed to sell alcoholic beverages at retail

for on-premises consumption, during the following hours:

(a) Except as provided in paragraph (c) of this subdivision, on

Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to

a permit issued under section ninety-nine-h or subdivision five of

section ninety-seven of this chapter.

(b) Except as provided in paragraph (c) of this subdivision, on any

other day between four ante meridiem and eight ante meridiem.

(c) On any day between three ante meridian and six ante meridian, for

a premises located within an international airport owned or operated by

the Port Authority of New York and New Jersey. The provisions of this

paragraph shall not be subject to change pursuant to subdivision eleven

of section seventeen of this chapter.

Unless otherwise approved by the authority pursuant to subdivision

eleven of section seventeen of this chapter, where any rule has been

adopted in a county on or before April first, nineteen hundred

ninety-five, further restricting the hours of sale for alcoholic

beverages, such restricted hours shall be the hours, during which the

sale of alcoholic beverages at retail for on-premises consumption shall

not be permitted within such county; provided, however, that for the

period commencing on June eleventh, two thousand twenty-six and ending

on July twentieth, two thousand twenty-six, any on-premises consumption

licensee may sell or offer for sale alcoholic beverages in accordance

with the provisions of paragraphs (a) and (b) of this subdivision

notwithstanding the fact that a county may have previously imposed more

restrictive hours of operation within the county. This change in hours

shall not apply in any case where the authority may have imposed more

restrictive hours as a condition of a license.

Nor shall any person be permitted to consume any alcoholic beverages

upon any such premises later than one-half hour after the start of the

prohibited hours of sale provided for in this section.

* NB Effective until July 21, 2026

* 5. No alcoholic beverages shall be sold, offered for sale or given

away upon any premises licensed to sell alcoholic beverages at retail

for on-premises consumption, during the following hours:

(a) Except as provided in paragraph (c) of this subdivision, on

Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to

a permit issued under section ninety-nine-h or subdivision five of

section ninety-seven of this chapter.

(b) Except as provided in paragraph (c) of this subdivision, on any

other day between four ante meridiem and eight ante meridiem.

(c) On any day between three ante meridian and six ante meridian, for

a premises located within an international airport owned or operated by

the Port Authority of New York and New Jersey. The provisions of this

paragraph shall not be subject to change pursuant to subdivision eleven

of section seventeen of this chapter.

Unless otherwise approved by the authority pursuant to subdivision

eleven of section seventeen of this chapter, where any rule has been

adopted in a county on or before April first, nineteen hundred

ninety-five, further restricting the hours of sale for alcoholic

beverages, such restricted hours shall be the hours, during which the

sale of alcoholic beverages at retail for on-premises consumption shall

not be permitted within such county.

Nor shall any person be permitted to consume any alcoholic beverages

upon any such premises later than one-half hour after the start of the

prohibited hours of sale provided for in this section.

* NB Effective July 21, 2026

6. No person licensed to sell alcoholic beverages shall suffer or

permit any gambling on the licensed premises, or suffer or permit such

premises to become disorderly. The use of the licensed premises, or any

part thereof, for the sale of lottery tickets, playing of bingo or games

of chance, or as a simulcast facility or simulcast theater pursuant to

the racing, pari-mutuel wagering and breeding law, when duly authorized

and lawfully conducted thereon, shall not constitute gambling within the

meaning of this subdivision.

6-a. No retail licensee for on-premises consumption shall suffer or

permit any person to appear on licensed premises in such manner or

attire as to expose to view any portion of the pubic area, anus, vulva

or genitals, or any simulation thereof, nor shall suffer or permit any

female to appear on licensed premises in such manner or attire as to

expose to view any portion of the breast below the top of the areola, or

any simulation thereof.

6-b. No retail licensee for on-premises consumption shall suffer or

permit any contest or promotion which endangers the health, safety, and

welfare of any person with dwarfism. Any retail licensee in violation of

this section shall be subject to the suspension or revocation of said

licensee's license to sell alcoholic beverages for on-premises

consumption. For the purposes of this section, the term "dwarfism" means

a condition of being abnormally small which is caused by heredity,

endocrine dysfunction, renal insufficiency or deficiency or skeletal

diseases that result in disproportionate short stature and adult height

of less than four feet ten inches.

6-c. (a) No retail licensee for on-premises consumption shall suffer,

permit or promote an event on its premises wherein the contestants

deliver, or are not forbidden by the applicable rules thereof from

delivering kicks, punches or blows of any kind to the body of an

opponent or opponents, whether or not the event consists of a

professional match or exhibition, and whether or not the event or any

such act, or both, is done for compensation.

(b) The prohibition contained in paragraph (a) of this subdivision,

however, shall not be applied to any authorized combative sport.

(c) In addition to any other penalty provided by law, a violation of

this subdivision shall constitute an adequate ground for instituting a

proceeding to suspend, cancel or revoke the license of the violator in

accordance with the applicable procedures specified in section one

hundred nineteen of this article.

7. Except where a permit to do so is obtained pursuant to section

405.10 of the penal law, no retail licensee for on-premises consumption

shall suffer, permit, or promote an event on its premises wherein any

person shall use, explode, or cause to explode, any fireworks or other

pyrotechnics in a building as defined in paragraph e of subdivision one

of section 405.10 of the penal law, that is covered by such retail

license or possess such fireworks or pyrotechnics for such purpose. In

addition to any other penalty provided by law, a violation of this

subdivision shall constitute an adequate ground for instituting a

proceeding to suspend, cancel, or revoke the license of the violator in

accordance with the applicable procedures specified in section one

hundred nineteen of this article. Provided however, if more than one

retail licensee is participating in a single event, upon approval by the

authority, only one retail licensee must obtain such permit.

8. A club or a luncheon club licensed to sell alcoholic beverages for

on-premises consumption shall be permitted to sell such beverages only

to its members and to their guests accompanying them.

9. No restaurant and no premises licensed to sell liquors and/or wines

for on-premises consumption under clause (a) of subdivision six of

section sixty-four-a of this chapter shall be permitted to have any

opening or means of entrance or passageway for persons or things between

the licensed premises and any other room or place in the building

containing the licensed premises, or any adjoining or abutting premises,

unless such licensed premises are in a building used as a hotel and

serves as a dining room for guests of such hotel, or unless such

premises are a bona fide restaurant with such access for patrons and

guests from any part of such building or adjoining or abutting premises

as shall serve public convenience in a reasonable and suitable manner;

or unless such licensed premises are in a building owned or operated by

any county, town, city, village or public authority or agency, in a park

or other similar place of public accommodation. All glass in any window

or door on said licensed premises shall be clear and shall not be

opaque, colored, stained or frosted.

10. A vessel licensed to sell liquors and/or wines for on-premises

consumption shall not be permitted to sell any liquors and/or wines,

while said vessel is moored to a pier or dock, except that vessels

sailing on established schedules shall be permitted to sell liquors

and/or wines for a period of three hours prior to the regular advertised

sailing time.

11. A railroad car or aircraft being operated on regularly scheduled

flights by a United States certificated airline licensed to sell liquors

and/or wines for on-premises consumption shall be permitted to sell

liquors and/or wines only to passengers and while in actual transit,

except that a railroad operating licensed cars shall be allowed to sell

liquors and/or wines from portable carts located on station platforms

located at Penn Station, Grand Central Station, Jamaica, Hunterspoint

Avenue or Flatbush from which such licensed railroad cars depart.

12. Each retail licensee for on-premises consumption shall keep and

maintain upon the licensed premises, adequate records of all

transactions involving the business transacted by such licensee which

shall show the amount of alcoholic beverages, in gallons, purchased by

such licensee together with the names, license numbers and places of

business of the persons from whom the same were purchased, the amount

involved in such purchases, as well as the sales of alcoholic beverages

made by such licensee. The liquor authority is hereby authorized to

promulgate rules and regulations permitting an on-premises licensee

operating two or more premises separately licensed to sell alcoholic

beverages for on-premises consumption to inaugurate or retain in this

state methods or practices of centralized accounting, bookkeeping,

control records, reporting, billing, invoicing or payment respecting

purchases, sales or deliveries of alcoholic beverages, or methods and

practices of centralized receipt or storage of alcoholic beverages

within this state without segregation or earmarking for any such

separately licensed premises, wherever such methods and practices assure

the availability, at such licensee's central or main office in this

state, of data reasonably needed for the enforcement of this chapter.

Such records shall be available for inspection by any authorized

representative of the liquor authority.

13. (a) No retail licensee for on-premises consumption shall be

interested, directly or indirectly, in any premises where liquors, wines

or beer are manufactured or sold at wholesale, by stock ownership,

interlocking directors, mortgage or lien on any personal or real

property or by any other means, except that liquors, wines or beer may

be manufactured or sold wholesale by the person licensed as a

manufacturer or wholesaler thereof:

(i) on real property owned by an interstate railroad corporation or a

United States certificated airline with a retail license for on-premises

consumption; or

(ii) on premises or with respect to a business constituting an

overnight lodging and resort facility located wholly within the

boundaries of the town of North Elba, county of Essex, township eleven,

Richard's survey, great lot numbers two hundred seventy-eight, two

hundred seventy-nine, two hundred eight, two hundred ninety-eight, two

hundred ninety-nine, three hundred, three hundred eighteen, three

hundred nineteen, three hundred twenty, three hundred thirty-five and

three hundred thirty-six, and township twelve, Thorn's survey, great lot

numbers one hundred six and one hundred thirteen, as shown on the

Adirondack map, compiled by the conservation department of the state of

New York - nineteen hundred sixty-four edition, in the Essex county

atlas at page twenty-seven in the Essex county clerk's office,

Elizabethtown, New York, provided that such facility maintains not less

than two hundred fifty rooms and suites for overnight lodging; or

(iii) on premises or with respect to the operation of a restaurant in

an office building located in a city having a population of five hundred

thousand or more and in which is located the licensed premises of such

manufacturer or wholesaler, provided that the building, the interior of

the retail premise and the rental therefor fully comply with the

criteria set forth in paragraph two of subdivision three of section one

hundred one of this article; or

(iv) any such premises or business located on that tract or parcel of

land, or any subdivision thereof, situate in the Village of Lake Placid,

Town of North Elba, Essex County, New York; it being also a part of Lot

No. 279, Township No. 11, Old Military Tract, Richard's Survey; it being

also all of Lot No. 23 and part of Lot No. 22 as shown and designated on

a certain map entitled "Map of Building Sites for Sale by B.R. Brewster"

made by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on a certain

map of lands of Robert J. Mahoney and wife made by G.C. Sylvester, P.E.

& L.S. # 21300, dated August 4, 1964, and filed in the Essex County

Clerk's Office on August 27, 1964, and more particularly bounded and

described as follows; BEGINNING at the intersection of the northerly

bounds of Shore Drive (formerly Mirror Street) with the westerly bounds

of Park Place (formerly Rider Street) which point is also the northeast

corner of Lot No. 23, from thence South 21Á50' East in the westerly

bounds of Park Place a distance of 119 feet, more or less, to a lead

plug in the edge of the sidewalk marking the southeast corner of Lot No.

23 and the northeast corner of Lot No. 24; from thence South 68Á00'50"

West a distance of 50.05 feet to an iron pipe set in concrete at the

corner of Lots 23 and 22; from thence South 65Á10'50" West a distance of

7.94 feet along the south line of Lot No. 22 to an iron pipe for a

corner; from thence North 23Á21'40" West and at 17.84 feet along said

line passing over a drill hole in a concrete sidewalk, and at 68.04 feet

further along said line passing over an iron pipe at the southerly edge

of another sidewalk, and at 1.22 feet further along said line passing

over another drill hole in a sidewalk, a total distance of 119 feet,

more or less, to the northerly line of Lot No. 22; from thence easterly

in the northerly line of Lot 22 and 23 to the northeast corner of Lot

No. 23 and the point of beginning. Also including the lands to the

center of Shore Drive included between the northerly straight line

continuation of the side lines of the above described parcel, and to the

center of Park Place, where they abut the above described premises

SUBJECT to the use thereof for street purposes. Being the same premises

conveyed by Morestuff, Inc. to Madeline Sellers by deed dated June 30,

1992, recorded in the Essex County Clerk's Office on July 10, 1992 in

Book 1017 of Deeds at Page 318; or

(v) any such premises or business located on that certain piece or

parcel of land, or any subdivision thereof, situate, lying and being in

the Town of Plattsburgh, County of Clinton, State of New York and being

more particularly bounded and described as follows: Starting at an iron

pipe found in the easterly bounds of the highway known as the Old

Military Turnpike, said iron pipe being located 910.39 feet

southeasterly, as measured along the easterly bounds of said highway,

from the southerly bounds of the roadway known as Industrial Parkway

West, THENCE running S 31Á 54' 33" E along the easterly bounds of said

Old Military Turnpike Extension, 239.88 feet to a point marking the

beginning of a curve concave to the west; thence southerly along said

curve, having a radius of 987.99 feet, 248.12 feet to an iron pipe found

marking the point of beginning for the parcel herein being described,

said point also marked the southerly corner of lands of Larry Garrow, et

al, as described in Book 938 of Deeds at page 224; thence N 07Á 45' 4" E

along the easterly bounds of said Garrow, 748.16 feet to a 3"x4"

concrete monument marking the northeasterly corner of said Garrow, the

northwesterly corner of the parcel herein being described and said

monument also marking the southerly bounds of lands of Salerno Plastic

Corp. as described in Book 926 of Deeds at Page 186; thence S 81Á 45'

28" E along a portion of the southerly bounds of said Salerno Plastic

Corp., 441.32 feet to an iron pin found marking the northeasterly corner

of the parcel herein being described and also marking the northwest

corner of the remaining lands now or formerly owned by said Marx and

Delaura; thence S 07Á 45' 40" W along the Westerly bounds of lands now

of formerly of said Marx and DeLaura and along the easterly bounds of

the parcel herein being described, 560.49 feet to an iron pin; thence N

83Á 43' 21" W along a portion of the remaining lands of said Marx and

DeLaura, 41.51 feet to an iron pin; thence S 08Á 31' 30" W, along a

portion of the remaining lands of said Marx and Delaura, 75.01 feet to

an iron pin marking northeasterly corner of lands currently owned by the

Joint Council for Economic Opportunity of Plattsburgh and Clinton

County, Inc. as described in Book 963 of Deeds at Page 313; thence N 82Á

20' 32" W along a portion of the northerly bounds of said J.C.E.O.,

173.50 feet to an iron pin; thence 61Á 21' 12" W, continuing along a

portion of the northerly bounds of said J.C.E.O., 134.14 feet to an iron

pin; thence S 07Á 45' 42" W along the westerly bounds of said J.C.E.O.,

50 feet to an iron pin; thence S 66Á 48' 56" W along a portion of the

northerly bounds of remaining lands of said Marx and DeLaura, 100.00

feet to an iron pipe found on the easterly bounds of the aforesaid

highway, said from pipe also being located on a curve concave to the

west; thence running and running northerly along the easterly bounds of

the aforesaid highway and being along said curve, with the curve having

a radius of 987.93 feet, 60.00 feet to the point of beginning and

containing 6.905 acres of land. Being the same premises as conveyed to

Ronald Marx and Alice Marx by deed of CIT Small Business Lending Corp.,

as agent of the administrator, U.S. Small Business Administration, an

agency of the United States Government dated September 10, 2001 and

recorded in the office of the Clinton County Clerk on September 21, 2001

as Instrument #135020; or

(vi) any such premises or businesses located on that certain plot,

piece or parcel of land, situate, lying and being in the Second Ward of

the City of Schenectady, on the Northerly side of Union Street, bounded

and described as follows: to wit; Beginning at the Southeasterly corner

of the lands lately owned by Elisha L. Freeman and now by Albert Shear;

and running from thence Easterly along the line of Union Street, 44 feet

to the lands now owned by or in the possession of James G. Van Vorst;

thence Northerly in a straight line along the last mentioned lands and

the lands of the late John Lake, 102 feet to the lands of one Miss

Rodgers; thence Westerly along the line of the last mentioned lands of

said Rodgers to the lands of the said Shear; and thence Southerly along

the lands of said Shear 101 feet, 6 inches to Union Street, the place of

beginning.

Also all that tract or parcel of land, with the buildings thereon,

situate in the City of Schenectady, County of Schenectady, and State of

New York, situate in the First, formerly the Second Ward of the said

City, on the Northerly side of Union Street, which was conveyed by

William Meeker and wife to Elisha L. Freeman by deed dated the second

day of December 1843, and recorded in the Clerk's Office of Schenectady

County on December 5, 1843, in Book V of Deeds at page 392, which lot in

said deed is bounded and described as follows: Beginning at a point in

the Northerly line of Union Street where it is intersected by the

Easterly line of property numbered 235 Union Street, which is hereby

conveyed, and running thence Northerly along the Easterly line of said

property, One Hundred Forty and Five-tenths (140.5) feet to a point

sixteen (16) feet Southerly from the Southerly line of the new garage

built upon land adjoining on the North; thence Westerly parallel with

said garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly

One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin

of Union Street; thence Easterly along the Northerly margin of Union

Street, about Forty-eight and three-tenths (48.3) feet to the point or

place of beginning.

The two above parcels are together more particularly described as

follows:

All that parcel of land in the City of Schenectady beginning at a

point in the northerly margin of Union Street at the southwesterly

corner of lands now or formerly of Friedman (Deed Book 636 at page 423)

which point is about 60 feet westerly of the westerly line of North

College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the

southeasterly corner of other lands now or formerly of Friedman (Deed

Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the

southwesterly corner of lands now or formerly of Stockade Associates

(Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to

lands now or formerly at McCarthy (Deed Book 1129 at page 281); thence

along McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly

corner of lands now or formerly of SONYMA (Deed Book 1502 at page 621);

thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence

still along lands of SONYMA and lands now or formerly of Magee (Deed

Book 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a corner;

thence still along lands of Magee and Lands of Friedman first above

mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.

Excepting and reserving all that portion of the above parcel lying

easterly of a line described as follows:

All that tract or parcel of land, situated in the City of Schenectady

and County of Schenectady and State of New York, on the Northerly side

of Union Street bounded and described as follows:

Beginning at a point in the northerly line of Union Street, said point

being in the division line between lands now or formerly of Electric

Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or

formerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees

under Will of Ruth F. Wexler (Street number 241 Union Street) on the

East; thence North 03 deg. 04' 10" East, along the building known as

Street No. 241 Union Street, a distance of 30.50 feet to a point; thence

North 88 deg. 45' 45" West, along said building and building eve, a

distance of 5.62 feet to a point; thence North 03 deg. 03' 30" East,

along said building eve of Street No. 241 Union Street, a distance of

32.74 feet; thence South 88 deg. 45' 45" East, along said building eve,

a distance of 1.2 feet to an intersection of building corner of Street

No. 241 Union Street and a brick wall; thence north 03 deg. 37' 30"

East, along said brick wall, a distance of 14.47 feet to a point in the

corner of the brick wall, thence South 86 deg. 46' 45" East along said

brick wall a distance of 4.42 feet to the intersection of brick wall

with the boundary line between the Electric Brew Pubs, Inc. (aforesaid)

on the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,

(aforesaid) on the East; thence North 03 deg 10' 08" East a distance of

0.62 feet to the Northeast corner of lands belonging to Margaret Wexler

and Donna Lee Wexler Pavlovic.

Also all that tract or parcel of land commonly known as the Union

Street School, located on the Northeasterly corner of Union and North

College Streets in the First Ward of the City and County of Schenectady

and State of New York, more particularly bounded and described as

follows: Beginning at a point in the Northerly street line of Union

Street where it is intersected by the Easterly street line of North

College Street, and runs thence Northerly along the Easterly street line

of North College Street, one hundred seven and five-tenths (107.5) feet

to a point, thence easterly at an angle of ninety (90) degrees, one

hundred ninety-one and seventy-five hundredths (191.75) feet to a point

in the Northwesterly street line of Erie Boulevard thence southwesterly

along the Northwesterly street line of Erie Boulevard, one hundred

twenty-three and eight-tenths (123.8) feet to its intersection with the

Northerly street line of Union Street; thence Westerly along the

Northerly street line of Union Street, one hundred twenty-four and

fifty-five hundredths (124.55) feet to the point or place of beginning.

The above described parcel of property includes the Blue Line parcel

of land, which is a portion of the abandoned Erie Canal Lands, located

in the First Ward of the City of Schenectady, New York, and which Blue

Line parcel lies between the Northwesterly line of Erie Boulevard as set

forth in the above described premises and the Northeasterly lot line of

the old Union Street School as it runs parallel with the Northwesterly

line of Erie Boulevard as aforesaid.

The two above parcels are together more particularly described as

follows: All that parcel of land in the City of Schenectady beginning at

a point in the northerly margin of Union Street and the northwesterly

margin of Erie Boulevard and runs thence along Union Street N. 86 deg.

42' 20" W. 124.55 feet to the easterly margin of North College Street;

thence along North College Street N. 05 deg 04' 40" E. 107.50 feet to

the southeasterly corner of lands now or formerly of McCarthy (Deed Book

1129 at page 279); thence along McCarthy, Cottage Alley and lands now or

formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.

191.75 feet to the northwesterly margin of Erie Boulevard; thence along

Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of

beginning;

(vii) any such premises or businesses located on that tract or parcel

of land situate in the Town of Hopewell, Ontario County, State of New

York, bounded and described as follows: Commencing at a 5/8" rebar found

on the division line between lands now or formerly of Ontario County -

Finger Lakes Community College (Liber 698 of Deeds, Page 466) on the

north and lands now or formerly of James W. Baird (Liber 768 of Deeds,

Page 1109) on the south; thence, North 43Á-33'-40" West, on said

division line, a distance of 77.32 feet to the Point of Beginning.

Thence, North 43Á-33'-40" West, continuing on said division line and

through said lands of Ontario County, a distance of 520.45 feet to a

point on the southeasterly edge of an existing concrete pad; thence,

South 74Á-19'-53" West, along said edge of concrete and the projection

thereof, a distance of 198.78 feet to a point on the easterly edge of

pavement of an existing campus drive; thence, the following two (2)

courses and distances along said edge of pavement: Northeasterly on a

curve to the left having a radius of 2221.65 feet, a chord bearing of

North 30Á-16'-39" East, a chord distance of 280.79, a central angle of

07Á-14'-47", a length of 280.98 feet to a point of reverse curvature;

thence, Northeasterly on a curve to the right having a radius of 843.42

feet, a chord bearing of North 45Á-25'-09" East, a chord distance of

534.08, a central angle of 36Á-55'-01", a length of 543.43 feet to a

point; thence, South 30Á-04'-59" East, a distance of 18.28 feet to the

corner of the property acquired by Ontario County (Liber 766 of Deeds,

Page 1112), as shown on a map recorded in the Ontario County Clerk's

Office as Map No. 6313; thence, the following four (4) courses and

distances along said property line: South 30Á-04'-59" East, a distance

of 177.17 feet to a point; thence, South 02Á-20'-33" East, a distance of

147.53 feet to a point; thence, South 41Á-31'-35" East, a distance of

200.93 feet to a point; thence, South 23Á-48'-53" West, along said

property line, and the projection thereof, through the first said lands

of Ontario County - Finger Lakes Community College (Liber 698 of Deeds,

Page 466), a distance of 517.96 feet to Point of Beginning. Said parcel

containing 7.834 acres, more or less, as shown on a map entitled

"Proposed Lease Area - Friends of the Finger Lakes Performing Arts

Center, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01,

dated June 10, 2005, last revised August 17, 2005. The related PAC

Properties are shown on the Map denominated "FLCC Campus Property, FLPAC

Ground Lease, Parking, Vehicular & Pedestrian Access", recorded in the

Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds

at page 9 and are comprised of the areas separately labeled as Parking

Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the

Entry Roads;

(viii) any such premises or businesses located on all that certain

piece or parcel of land situate in the City of Syracuse, County of

Onondaga, State of New York, lying generally Northwesterly of the West

Hiawatha Boulevard, and generally Northeasterly of the New York State

Barge Canal, being a portion of Lot 11I and Lot 11J of the Carousel

Center Subdivision as shown on a resubdivision plan of the Carousel

Center Subdivision filed as Map No. 8743 in the Onondaga County Clerk's

Office, and as of May 20, 2014 identified as space L323 in a lease

between the liquor license applicant and property owner and on the third

level of the shopping center thereon, such shopping center land being

more particularly bounded and described as follows:

BEGINNING at the point of the intersection of the division line

between the Northeasterly boundary of the New York State Barge Canal,

Syracuse Terminal designated as "Parcel No. T-111" on the Southwest and

Lot 11I of the Carousel Center Subdivision on the Northeast with the

Northwesterly boundary of West Hiawatha Boulevard; thence North 50 deg.

26 min. 28 sec. West, along said division line, 690.72 feet; to a point;

thence through Lot 11I and 11J of said subdivision the following

thirty-five (35) courses and distances:

1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;

2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;

3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;

4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;

5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;

6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;

7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;

8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;

9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;

10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;

11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;

12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;

13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;

14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;

15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;

16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;

17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;

18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;

19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;

20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;

21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;

22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;

23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;

24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;

25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;

26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;

27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;

28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;

29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;

30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;

31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;

32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;

33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;

34) Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a point;

and

35) Thence South 82 deg. 07 min. 44 sec. East 207.07 feet to a point

on the westerly right of way line of Interstate Route 81, Thence along

the westerly and southwesterly right of way line of Interstate Route 81,

in a generally southeasterly direction, the following seven (7) courses

and distances:

1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;

2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;

3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;

4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;

5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;

6) Thence South 42 deg. 27 min. 42 sec. East 58.65 feet to a point;

and

7) Thence South 40 deg. 20 min. 45 sec. East 77.11 feet to its

intersection with lands appropriated by the People of the State of New

York described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686

and Book 5274 of Deeds at Page 836; Thence along the bounds of said Map

1401 Parcel 1831 the following fifteen (15) courses and distances:

1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence

2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence

3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence

4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence

5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence

6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence

7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence

8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence

9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence

10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence

11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence

12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence

13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence

14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and

15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with

the northerly bounds of Map 1402 Parcel 1836 of said appropriation;

Thence along the bounds of Map 1402 Parcel 1836 as described in Book

5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836 the

following three (3) courses and distances:

1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence

2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and

3) North 07 deg. 40 min. 37 sec. East 70.35 feet to its intersection

with the bounds of the hereinabove described Map 1401 Parcel 1831;

Thence along the bounds of said Map 1401 Parcel 1831 the following ten

(10) courses and distances:

1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence

2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence

3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence

4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence

5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence

6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence

7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence

8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence

9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and

10) South 47 deg. 06 min. 38 sec. East 95.11 feet to its intersection

with the division line between Lot 11J on the Northwest and the lands

now or formerly of Woodstead Enterprises Co. as described in Book 3530

of Deeds at Page 257 on the Southeast (formerly lands of Rome Watertown

and Oswego Railroad Company via Letters Patent, Book 292, Page 264);

thence South 28 deg. 12 min. 27 sec. West along said division line and

along the Northwesterly boundary of West Hiawatha Boulevard in part,

36.93 feet to its point of intersection with Northeasterly boundary of

West Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along

said Northeasterly boundary 158.30 feet to its point of intersection

with the Northwesterly boundary of said West Hiawatha Boulevard; thence

West along said Northwesterly boundary the following three (3) courses:

1) South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence 2)

South 30 deg. 30 min. 42 sec. West 62.49 feet to a point; and 3) South

23 deg. 40 min. 55 sec. West 220.04 feet to its point of intersection

with Southwesterly boundary of West Hiawatha Boulevard; thence South 49

deg. 30 min. 46 sec. East along said Southwesterly boundary, 0.30 feet

to its point of intersection with the first hereinabove described

Northwesterly boundary of West Hiawatha Boulevard; thence South 40 deg.

26 min. 20 sec. West, along said Northwesterly boundary, 98.08 feet to

its point of intersection with the division line between Lot 11J on the

Northeast and Lot 11H of the Carousel Center Subdivision on the

Southwest; thence North 50 deg. 25 min. 12 sec. West, along said

division line, 147.85 feet to the Northwest corner of Lot 11H; thence

South 40 deg. 26 min. 20 sec. West 217.47 feet to the Southwest corner

of lot 11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet to a

point on the first hereinabove described Northwesterly boundary of West

Hiawatha Boulevard; thence along said Northwesterly boundary of West

Hiawatha Boulevard the following two (2) courses: 1) South 40 deg. 26

min. 20 sec. West 17.66 feet to a point; and 2) South 43 deg. 01 min. 50

sec. West 468.25 feet to the point of beginning.

Excepting the following piece or parcel of land appropriated by the

People of the State of New York described as Map 1401 Parcel 1832 in

Book 5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836:

Commencing at the southwest corner of herein above described Map 1402

Parcel 1836 said point having a proceeding course of South 07 deg. 40

min. 17 sec. West 70.35 feet in the premises describe hereinabove;

thence North 13 deg. 18 min. 48 sec. West 138.17 feet to the southeast

corner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401

Parcel 1832 the following four (4) courses and distances:

1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence

2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence

3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and

4) South 07 deg. 53 min. 54 sec. West 353.36 feet to the point of

beginning; or such premises or businesses located on that tract or

parcel of land situate lying and being in the Town of Oneonta, County of

Otsego and State of New York and being a portion of Otsego County Tax

Map Department Parcel Number 287.00-1-33 and bounded and described as

follows: Beginning at a point 2.12 feet off the northeasterly corner of

a one story building on the lands, now or formerly, of Abner Doubleday,

LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and

Brenda Patton, which point lies N 87Á55'13" W a distance of 149.37' from

the northeast corner of the Patton lands; thence N 74Á30'18" W a

distance of 51.50 feet to a point; thence S 15Á29'42" W a distance of

2.00 feet to a point; thence N 74Á30'18" W a distance of 14.00 feet to a

point; thence S 15Á29'42" W a distance of 19.20 feet to a point; thence

S 74Á30'18" E a distance of 14.20 feet to a point; thence S 15Á29'42" W

a distance of 4.20 feet; thence S 74Á30'18" E a distance of 51.30 feet

to a point; thence N 15Á29'42" E a distance of 25.40 feet to a point to

the point and place of beginning; or

(ix) on premises or with respect to a business constituting the

overnight lodging facility located wholly within the boundaries of that

tract or parcel of land situated in the borough of Manhattan, city and

county of New York, beginning at a point on the northerly side of west

fifty-fourth street at a point one hundred feet easterly from the

intersection of the said northerly side of west fifty-fourth street and

the easterly side of seventh avenue; running thence northerly and

parallel with the easterly side of seventh avenue one hundred feet five

inches to the center line of the block; running thence easterly and

parallel with the northerly side of west fifty-fourth street and along

the center line of the block fifty feet to a point; running thence

northerly and parallel with the easterly side of seventh avenue one

hundred feet five inches to the southerly side of west fifty-fifth

street at a point distant one hundred fifty feet easterly from the

intersection of the said southerly side of west fifty-fifth street and

the easterly side of seventh avenue; running thence easterly along the

southerly side of west fifty-fifth street thirty-one feet three inches

to a point; running thence southerly and parallel with the easterly side

of the seventh avenue one hundred feet five inches to the center line of

the block; running thence easterly along the center line of the block

and parallel with the southerly side of west fifty-fifth street, one

hundred feet; running thence northerly and parallel with the easterly

side of seventh avenue one hundred feet five inches to the southerly

side of west fifty-fifth street; running thence easterly along the

southerly side of west fifty-fifth street twenty-one feet ten and

one-half inches to a point; running thence southerly and parallel with

the easterly side of seventh avenue one hundred feet five inches to the

center line of the block; running thence westerly along the center line

of the block and parallel with the northerly side of west fifty-fourth

street three feet one and one-half inches; running thence southerly and

parallel with the easterly side of seventh avenue one hundred feet five

inches to the northerly side of west fifty-fourth street at a point

distant three hundred feet easterly from the intersection of the said

northerly side of west fifty-fourth street and the easterly side of

seventh avenue; running thence westerly and along the northerly side of

west fifty-fourth street two hundred feet to the point or place of

beginning, provided that such facility maintains not less than four

hundred guest rooms and suites for overnight lodging; or

(x) on such premises or business located on any of the following four

parcels:

Parcel A

any such premises or business constituting the overnight lodging and

resort facility located wholly within the boundaries of the Village of

Altmar, County of Oswego, Great Lot 19 beginning at a point on

centerline of Pulaski Street at its intersection with the division line

between the lands now or formerly of Altmar Parish Williamstown Central

School District (APW CSD) as described in Book 378 of Deeds at Page 118

on the northwest and the lands now or formerly of Tostanoski as

described in Book 1356 of Deeds at Page 55 on the southeast; Thence

along said centerline the following two (2) courses: 1) North 37 deg. 35

min. 00 sec. West, a distance of 803.88 ft. to a point and 2). North 45

deg. 48 min. 13 sec. West, a distance of 132.33 ft. to its intersection

with the division line between the said lands of APW CSD on the

southeast and the lands now or formerly of Hayward as described in Book

894 of Deeds at Page 211 & Doc. #2006-9318 on the northwest; Thence

North 23 deg. 48 min. 43 sec. East along said division, a distance of

131.66 ft. to its intersection with the division line between the said

lands of APW CSD on the north and the said lands of Hayward on the

south; Thence South 73 deg. 16 min. 17 sec. West along the said division

line, a distance of 131.66 ft. to its intersection with the division

line between the said lands of APW CSD and the lands now or formerly of

National Grid as described in Book 282 of Deeds at Page 552; Thence

along said division line to the following six (6) courses: 1) North 23

deg. 43 min. 38 sec. East, a distance of 158.73 ft. to a point; thence

2) North 83 deg. 39 min. 24 sec. West, a distance of 190.48 ft. to a

point; thence 3) North 25 deg. 39 min. 08 sec. East, a distance of 24.15

ft. to a point; thence 4) North 53 deg. 32 min. 01 sec. East, a distance

of 265.18 ft. to a point; thence 5) North 81 deg. 24 min. 54 sec. East a

distance of 475.00 ft. to a point; and 6) North 81 deg. 24 min. 54 sec.

East, a distance of +/- 522 ft. to its intersection with the center of

Salmon River; Thence upstream along said center, and in a generally

southerly direction, a distance of +/- 1,455 ft. to its intersection

with the division line between the said lands of APW CSD on the

northwest and the lands now or formerly of Bennett as described in Book

927 of Deeds at Page 65 on the southeast; Thence South 52 deg. 19 min.

00 sec. West along said division line, a distance of +/- 170 ft. to a

point; Thence South 52 deg. 19 min. 00 sec. West, continuing along said

division line, a distance of 400.00 ft. to its intersection with the

centerline of Pulaski Street; Thence North 37 deg. 35 min. 00 sec. West

along said centerline, a distance of 53.65 ft. to its intersection with

the division line between the said lands of APW CSD on the southeast and

the lands now or formerly of Pfluger as described in Book 922 of Deeds

at Page 187 on the northwest; Thence North 52 deg. 25 min. 00 sec. East

along said division line, a distance of 330.00 ft. to its intersection

with the division line between the said lands of APW CSD on the

northeast and the said lands of Pfluger, the lands now or formerly of

Endsley as described in Book 1520 of Deeds at page 5, and the

hereinabove said lands of Tostanoski, in part by each, on the southwest;

Thence North 37 deg. 35 min. 00 sec. West along said division line, a

distance of 247.50 ft. to its intersection with the division line

between the said lands of APW CSD on the northwest and the said lands of

Tostanoski on the southeast; Thence South 52 deg. 25 min. 000 sec. West

along said division line, a distance of 330.00 ft. to the POINT OF

BEGINNING; or

Parcel B

any such premises or business constituting the overnight lodging and

resort facility located wholly within the boundaries of that tract or

parcel of land situate in the city of Syracuse, County of Onondaga and

State of New York, being part of Block 366 in said City and more

particularly bounded and described as follows: beginning at a point at

the intersection of the southerly line of East Genesee Street with the

westerly line of University Avenue; running thence: South 00Á 30' 30"

West, along said Westerly line of University Avenue, a distance of 75.16

feet to a point therein; Thence North 89Á 49' 00" West, a distance of

140.00 feet to a point; thence South 00Á 30' 30" West, a distance of

271.55 feet to a point; Thence North 89Á 49' 00" West, a distance of

103.01 feet to a point; Thence South 00Á 11' 00" West, a distance of

132.00 feet to a point in the northerly line of Madison Street; Thence

North 89Á 49' 0" West along said northerly line, a distance of 141.36

feet to a point; Thence North 00Á 25' 10" East, a distance of 50 feet to

a point in the westerly line of Farm Lot 200 of the Salt Springs

Reservation; Thence North 03Á 26' 10" West along said westerly line, a

distance of 415.12 feet to a point in the southerly line of East Genesee

Street; Thence North 88Á 11' 00" East, along said southerly line, a

distance of 412.50 feet to the point of beginning. The premises are also

described as follows: All that tract or parcel of land, situate in the

City of Syracuse, County of Onondaga and State of New York, being known

as new Lot 1A as is more particularly shown on a Resubdivision Map of

Part of Block 366 made by Christopherson Land Surveying and filed in the

Onondaga County Clerk's Office October 8, 2002 as Map No. 9498; or

Parcel C

any such premises or business constituting the overnight lodging and

resort facility located wholly within the boundaries of all that tract

or parcel of land situate in the city of Syracuse, County of Onondaga

and State of New York, being a part of Lots 200 and 201, Lots 2, 6, and

7, Block 368 in the City of Syracuse and being further described as

follows: Beginning at a drill hole set at the intersection of the

easterly street margin of South Crouse Avenue and the southerly street

margin of Harrison Street; Thence S. 89Á 51' 36" E. (S 89Á 49' 40" E

measured), along the southerly street margin of Harrison Street, a

distance of 395.30 feet to a capped iron rod set at the westerly line of

a parcel of land conveyed to Syracuse University; Thence S. 00Á 28' 34"

W. (S 00Á 30' 30" W measured), along the westerly line of those parcels

of land conveyed to Syracuse University, a distance of 132.00 feet to a

capped iron rod set; Thence N. 89Á 51' 36" W. (N 89Á 49' 40" W

measured), along the northerly line of a parcel of land conveyed to

Syracuse University, a distance of 132.00 feet to a capped iron rod set;

Thence N. 89Á 51' 36" W. (N 89Á 49' 40" W measured), along the northerly

line of a parcel of land conveyed to Syracuse University, a distance of

66.00 feet to a capped iron rod set; Thence S. 00Á 28' 34" W. (S 00Á 30'

30" W measured), along the westerly line of that Syracuse University

Property, a distance of 71.25 feet to a capped iron rod set; Thence N

89Á 55' 36" W. (89Á 53' 39" W measured), a distance of 130.40 feet to a

capped iron rod set at the easterly line of that parcel of land conveyed

to Crouse Health Systems, Inc. by deed recorded in the Onondaga County

Clerk's Office in Liber 4800 at Page 730; Thence N. 03Á 44' 23" W. (03Á

42' 26" W measured), along the easterly line of the Crouse Health

System, Inc. property, a distance of 37.99 feet to a magnetic nail set

at the northeast corner of the aforementioned Crouse Health System,

Inc.; Thence N. 89Á 51' 36' W. (N 89Á 49' 40" W measured), along the

northerly line of the Crouse Health System, Inc. Property, a distance of

195.85 feet to a capped iron rod set at the easterly street margin of

South Crouse Avenue; Thence N. 00Á 23' 14" E. (N 00Á 25' 10" E

measured), along the easterly street margin of South Crouse Avenue, a

distance of 165.50 feet to the point of beginning. Together with all the

right, title and interest in and to strops and gores of land, if any,

adjoining or adjacent to said premises and to the lands lying in the bed

of any street, road land or right of way, as they now exist, or formerly

existed in, in front of, or adjoining the premises above described or

used in connection with said above described premises. Containing 1.55

acres of land more or less. It being the intent of this survey

description to describe those parcels of land conveyed by Temple Adath

Yeshurun, also known as the Congregation Adath Yeshurun, to the Syracuse

Urban Renewal Agency, by a Warranty Deed dated September 21, 1972, that

was duly recorded in the Onondaga County Clerk's Office on October 10,

1972 in Deed Book 2486 at Page 1137. Being a portion of the premises

conveyed at Hotel Skylar, LLC, f/k/a 908 Harrison St., LLC, by deed

dated June 5, 2007, and recorded in the Onondaga County Clerk's Office

on June 14, 2007 in Deed Book 04998 at Page 0795 (Instrument: 0687909);

or

Parcel D

any such premises or business constituting the overnight lodging and

resort facility located wholly within the boundaries of all that tract

or parcel of land situate in the city of Syracuse, County of Onondaga,

being part of Lots 13, 14 and 15 of Block 233 in said City, more

particularly bounded and described as follows: beginning at a point in

the northerly line of East Genesee Street, a distance of 232.5 feet

easterly, measured along said northerly line, from the easterly line of

Almond Street; Running thence the following 8 courses and distances:

(1.) S 89Á 30' 50"E, along said northerly line of East Genesee Street, a

distance of 109.5 feet; (2.) N 00Á 20' E, parallel with said easterly

line of Almond Street, a distance of 158.69 feet to the southerly line

of Orange Alley; (3.) N 89Á 30' 50" W, along said southerly line of

Orange Alley, a distance of 66 feet to a point; (4.) N 00Á 20' E,

parallel with said easterly line of Almond Street, 20 feet to the

northerly line of Orange Alley; (5.) N 89Á 30' 50" W, along said

northerly line of Orange Alley, a distance of 9 feet; (6.) S 00Á 20' W,

parallel with said easterly line of Almond Street, a distance of 13.5

feet to a point; (7.) N 89Á 30' 50" W, parallel with the aforesaid

northerly line of East Genesee Street, a distance of 3 feet to a point;

and, (8.) S 00Á 20' W, parallel with said easterly line of Almond

Street, a distance of 165.19 feet to the point of beginning, containing

17,781+/- sq. ft. (0.41+/- Acres of Land) and; Parcel II (#716-718 East

Fayette Street), All that tract or parcel of land situate in the City of

Syracuse, County of Onondaga and State of New York, being Lot 3 and part

of lots 4 and 9 of Block 233 beginning in the southerly line of East

Fayette Street, a distance of 132 feet westerly, measured along said

southerly line, from the westerly line of Forman Avenue; Running thence

the following 4 courses and distances: (1.) N 89Á 30' 50" W, along said

southerly line of East Fayette Street, a distance of 97 feet; (2.) S 00Á

20' 20" W, parallel with said westerly line of Forman Avenue, a distance

of 178.69 feet to the northerly line of Orange Alley; (3.) S 89Á 30' 50"

E, along said northerly line of Orange Alley, a distance of 97 feet to a

point; and, (4.) N 00Á 20' 10" E, parallel with said westerly line of

Forman Avenue, a distance of 178.69 feet to the point of beginning; or

(xi) with respect to any premises or business located on all that

certain parcel of land situate in the City of Peekskill, County of

Westchester and State of New York, that is a portion of Parcel I as it

is shown on that certain map entitled, "Survey .. at Charles Point.."

which was filed in the Westchester County Clerk's Office on October 23,

1980 as Map No. 20407 that is bounded and described as follows:

BEGINNING at a point on the easterly shoreline of the Hudson River and

within the bounds of the said Parcel I as it is shown on the said Filed

Map No. 20407, which point occupies coordinate position:

North 464418.83 (y)

East 607401.00 (x)

of the New York State Coordinate System, East Zone and which point is

distant, the following courses from the southerly corner of the Parcel

shown on Map No. 20407 that occupies coordinate position

North 463520.804 (y)

East 608470.681 (x)

of the aforesaid New York State Coordinate System, East Zone:

North 47 degrees 30' 36" West 856.60 feet,

North 77 degrees 10' 53" West 488.18 feet,

North 41 degrees 17' 53" West 113.32 feet and

North 41 degrees 50' 16" East 169.08 feet;

THENCE from the said point of beginning along the said easterly

shoreline (high water mark) of the east bank of the Hudson River:

Due North 16.17 feet,

North 53 degrees 58' 22" West 13.60 feet,

North 73 degrees 04' 21" West 24.04 feet,

North 63 degrees 26' 06" West 22.36 feet,

North 82 degrees 18' 14" West 37.34 feet,

North 64 degrees 47' 56" West 37.58 feet,

South 82 degrees 52' 30" West 16.12 feet,

North 61 degrees 41' 57" West 14.76 feet and

South 21 degrees 48' 05" West 9.71 feet;

THENCE leaving the high water mark and running across a peninsula of

land and along the division line between Parcel I and Parcel II as shown

on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to

another point on the said easterly shoreline (high water mark) of the

East Bank of the Hudson River;

THENCE northerly along the said high water mark, the following

courses:

North 3 degrees 00' 46" West 17.54 feet,

North 13 degrees 45' 39" West 50.45 feet,

North 10 degrees 49' 23" West 69.23 feet,

North 0 degrees 47' 22" West 52.48 feet to a point which is the point

of beginning of the hereinafter described 40 foot easement which point

occupies coordinate position

North 464676.48 (y)

East 607189.28 (x)

of the New York State Coordinate System, East Zone;

THENCE continuing along the aforesaid easterly shoreline (high water

mark) of the East Bank of the Hudson, the following courses:

North 10 degrees 18' 17" West 23.91 feet,

North 39 degrees 04' 58" West 21.39 feet,

North 20 degrees 13' 30" West 21.74 feet,

North 39 degrees 02' 08" West 95.27 feet,

North 13 degrees 08' 02" West 30.81 feet,

North 18 degrees 26' 06" West 53.76 feet,

North 28 degrees 10' 43" West 63.53 feet,

North 18 degrees 26' 06" West 50.60 feet,

North 37 degrees 14' 05" West 31.40 feet,

North 21 degrees 15' 02" West 96.57 feet,

North 32 degrees 00' 19" West 47.17 feet,

North 1 degree 18' 07" West 44.01 feet and

North 17 degrees 14' 29" East 29.32 feet to a point on the southerly

line of lands under lease to the County of Westchester (Resco Site);

THENCE along the said County of Westchester (Resco Site) lands: Due

East 432.31 feet to a point on the westerly line of an easement and a

right-of-way leading to Charles Point Avenue;

THENCE along the said westerly and southwesterly line of the said

right-of-way leading to Charles Point Avenue: Due South 241.16 feet and

South 27 degrees 13' 00" East 406.90 feet to a point;

THENCE leaving the said easement and running along other lands now or

formerly of The City of Peekskill Industrial Development Agency, South

41 degrees 50' 16" West 270.01 feet to the aforementioned easterly

shoreline (high water mark) of the East Bank of the Hudson River and the

point or place of beginning.

TOGETHER with an easement over all that parcel of land situate in the

City of Peekskill, County of Westchester and State of New York that is

more particularly bounded and described as follows:

BEGINNING at a point on the westerly line of Charles Point Avenue with

the said westerly line is intersected by the line dividing the easement

herein described on the south from lands under lease to the County of

Westchester (Resco Site) on the north which point occupies coordinate

position:

North 464719.99 (y)

East 608004.15 (x)

of the New York State Coordinate System, East Zone;

THENCE from the said point of beginning southerly along the said

westerly line of Charles Point Avenue, South 14 degrees 54' 00" West

103.48 feet to a point;

THENCE westerly along other lands of the City of Peekskill Industrial

Development Agency: Due West 396.44 feet to a point which is the

easterly most corner of the lands of Point Associates, the grantee

herein;

THENCE along the northeasterly line of the said Point Associates'

land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16

feet to a point on the southerly line of the aforementioned lands leased

to the County of Westchester (Resco Site);

THENCE easterly along the said southerly line Due East 75.00 feet to a

point;

THENCE southeasterly and easterly still along the said lands leased to

the County of Westchester (Resco Site) the following courses:

Due South 223.00 feet,

South 27 degrees 13' 00" East 314.87 feet and

Due East 390.14 feet to the aforementioned westerly line of Charles

Point Avenue and the point or place of BEGINNING.

TOGETHER WITH a non-exclusive easement for utilities, and ingress and

egress over that certain right of way leading from Charles Point Avenue,

now known as John E. Walsh Boulevard, in a westerly and northwesterly

direction to the above described premises and as more fully described in

the Declaration of Easement recorded in Liber 8888 cp 35; or

(xii) all those tracts or parcels of land, situate in the Tenth Ward

of the City of Troy, County of Rensselaer and State of New York, known

as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A

Five (A5) and the southerly portions of Lots Four (4) and A Four (A4),

as the same are laid down and described on a certain Map made by

Frederick W. Orr, dated August 15, 1918, filed in the Office of the

Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said

premises hereby intended to be conveyed are bounded and described as

follows:

COMMENCING at an iron rod in the westerly side of River Street at the

most southeasterly corner of premises heretofore conveyed by Harry

Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed

dated November 8, 1940, recorded November 12, 1940 In the Office of the

Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and

running thence southerly along the westerly line of River Street 215.6

feet to a pipe in the most southeasterly corner of Lot No. A7; thence

westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more

or less to the easterly shore of the Hudson River; thence northerly

along the easterly shore of the Hudson River 216 feet more or less to

the most southwesterly corner of land heretofore conveyed by the said

Harry Goldberg and Norman Goldberg to Arthur E. Collins and another

hereinbefore recited; thence along the southerly line of lands

heretofore conveyed to said Collins and another easterly 31.75 feet;

thence northerly 6.33 feet; thence easterly 18 feet; thence southerly

6.33 feet; thence easterly 150.57 feet to the point or place of

beginning.

EXCEPTING THEREFROM that portion of the above described premises as

were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory,

Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County

Clerk's Office on June 24, 1993 in Book 1960 of Deeds at Page 215,

Containing 17,600 square feet of land more or less.

BEARINGS refer to the magnetic meridian of 1993. Said premises are

also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage

and depth 115.60 x 220.00 being the same premises described in Book 6534

of Deeds at Page 256 in the Rensselaer County Clerk's Office and being

the same premises in the 2009 City of Troy Assessment Rolls and

90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA,

ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and being further bounded

and described as follows: BEGINNING at a point marked by a capped iron

rod where the division line between lands now or formerly of Walter

Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands

herein described on the southwest intersects the northwesterly side of

River Street; running thence South 40Á 01' 52" West along the

northwesterly side of River Street a distance of 100.00 feet to a point;

thence North 49Á 45' 31" West a distance of 41.97 feet to a point at the

southwesterly corner of the building located on the herein described

premises, said point also being the northeasterly corner of the building

located on the property adjoining on the southwest; thence North 60Á 59'

40" West along the building wall located on the property adjoining on

the southwest and the northwesterly continuation of same a distance of

140.88 feet to the easterly shore of the Hudson River; thence North 30Á

16' 52" East along the shore of the Hudson River a distance of 90.90

feet to a point; thence South 60Á 44' 08" East along lands now or

formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a

distance of 31.75 feet to a point; thence North 30Á 16' 52" East

continuing along lands now or formerly of Walter Snyder Printer, Inc. a

distance of 6.33 feet to a point; thence South 60Á 44' 08" East

continuing along lands now or formerly of Walter Snyder Printer, Inc a

distance of 18.00 feet to a point; thence South 30Á 16' 52" West

continuing along lands now or formerly of Walter Snyder Printer, Inc. a

distance of 6.33 feet to a point; thence South 60Á 44' 08" East

continuing along lands now or formerly of Walter Snyder Printer, Inc. a

distance of 149.40 feet to the point and place of beginning. Be the

aforesaid dimensions in this clause more or less and encompassing lands

considered to be a single contiguous parcel.

(xiii) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of

Saratoga Springs, Saratoga County, New York, bounded and described as

follows: Beginning at a point 55 feet south on Beekman Street, from

where the west line of Beekman Street intersects the south line of

Congress Street, and running thence southerly along the west line of

Beekman Street 55 feet, more or less, to the north line of the premises

now or formerly owned or occupied by Henry Curtis; thence westerly along

said Curtis' north line 65 feet, more or less, to the east line of the

premises heretofore conveyed to Edward M. Merritt; thence northerly

along said Merritt's east line 55 feet, more or less, to a point 55 feet

south of the south line of Congress Street; thence easterly on a line

parallel with the south line of Congress Street 65 feet, more or less,

to the point and place of beginning; and being further bounded and

described as follows: BEGINNING at a point in the Southerly line Grand

Avenue at the intersection of the Westerly line of Beekman Street, said

point also being the Northeast comer of lands now or formerly of Dublin

Underground, LLC as conveyed in Book 1769 of Deeds at Page 657,thence

along said Westerly line of Beekman Street, South 01Á02'45"West, SS.00

feet to a point at the intersection of the common division line between

lands now or formerly of Haggerty as conveyed in Book 1595 of Deeds at

Page 480 on the South and lands of said Dublin Underground LLC on the

North, thence along said division line, North 88Á57'15"West, 65.00 feet

to a point at the intersection of the common division line between lands

now or formerly of Haynes as conveyed in Book 1630 of Deeds at Page 727

on the West and said lands of Dublin Underground UC on the East, thence

along said division line, North 01Á02'45"East, 55.00 feet to a point in

the Southerly line of Grand Avenue, thence along said Southerly line,

South 88Á57'15"East, 65.00 feet to the point or place of beginning and

containing 3576 ± square feet of land; and being further bounded and

described as follows: BEGINNING at a point where the east line of an

alley intersects the south line of Grand Avenue, running thence easterly

fifty-five (55) feet, more or less, to the west line of property now or

formerly owned by one Desidora; thence southerly one hundred ten (110)

feet, more or less, to the northerly line of property now or formerly

owned by one Gutierresl thence westerly fifty-five (55) feet, more or

less to the easterly line of an alley; thence northerly one hundred ten

(110) feet, more or less to the point or place of beginning. Be the

aforesaid dimensions in this clause more or less and encompassing lands

considered to be a single contiguous parcel; or

(xiv) any such premises or business located on that certain piece or

parcel of land, or any subdivision thereof, situate, lying and being in

the Village of Suffern, Town of Ramapo, County of Rockland and State of

New York, addressed as 97-99 Lafayette Avenue, Suffern, New York,

identified for tax purposes by the Town of Ramapo - 2000 County/Town Tax

Bill, Tax Map No. 07/016-B-0239-B-0000 and New Parcel Tax Identification

No. 54.35-2-54, bounded and described as follows:

BEGINNING at a point on the Westerly side of Washington Avenue, where

the same is intersected by the Northerly line of lands now or formerly

of the Village of Suffern (Sect. 168, Lot 284), said point also being

the Southeasterly corner of the premises herein intended to be

described.

RUNNING THENCE North 76 degrees 15 minutes West along the Northerly

line of lands now or formerly of the Village of Suffern a distance of

210.30 feet to a point; THENCE South 13 degrees 45 minutes West along

the Westerly line of lands now or formerly of the Village of Suffern a

distance of 78.75 feet to a point; THENCE North 76 degrees 28 minutes

West along the Northerly line of lands now or formerly of the Village of

Suffern a distance of 96.30 feet to a point; THENCE North 13 degrees 32

minutes East a distance of 117.60 feet to a point; THENCE South 76

degrees 15 minutes East a distance of 6.00 feet to a point; THENCE North

13 degrees 32 minutes East a distance of 54.80 feet to a point; THENCE

South 76 degrees 15 minutes East a distance of 91.00 feet to a point;

THENCE North 13 degrees 45 minutes East along the Easterly line of lands

now or formerly of Mirando (Sect. 168. Lot 239A) a distance of 123.25

feet to a point on the Southerly side of Lafayette Avenue; THENCE South

59 degrees 56 minutes 42 seconds East along the Southerly side of

Lafayette Avenue a distance of 176.92 feet to a point; THENCE

Southeasterly along the Southerly side of Lafayette Avenue, on a curve

to the right having a radius of 58.97 feet an arc distance of 76.88 feet

to a point; THENCE South 14 degrees 45 minutes West along the Westerly

side of Washington Avenue a distance of 109.22 feet to the point or

place of BEGINNING.

Being the same premises described in a deed dated June 11, 1999 from

Westchester Realty Group LLC to Marandy Realty Associates, LLC and

recorded in the Rockland County Clerk's Office on June 24, 1999

Instrument ID # 1999-00033893.

The premises described above are more particularly described after

field survey by A.R. Sparaco, Jr., P.L.S. dated June 13, 2000, as

follows:

ALL THAT TRACT, piece or parcel of land with the buildings and

improvements thereon in the Village of Suffern, Town of Ramapo, Rockland

County, New York, Tax Map Reference Section 16B; Lots 239 B and 254,

bounded and described as follows:

BEGINNING at a cross-cut in the westerly line of Washington Ave. (50

feet wide) where the same is intersected by the northerly line of lands

of the Village of Suffern (formerly Washington Ave. School) and running

thence; North 78Á 42' 52" West 211.11' along the northerly line of lands

of the Village of Suffern to an iron pipe; thence, South 11Á 03' 40"

West 78.38' continuing along said lands to a PK nail; thence, North 79Á

21' 20" West 96.30' continuing along said lands to an iron pipe; thence,

North 10Á 21' 09" E 117.12' along lands now or formerly of Meadows to a

point; thence, South 79Á00'00" East 6.00' to a point in the centerline

of an old right of way; thence, North 12Á50'10" East 55.32' along the

centerline of an old right of way to an iron pipe; thence, South

79Á00'00" East 91.04' crossing through said right of way and continuing

along the southerly line of lands now or formerly of Miranda to a cross

cut; thence, North 11Á15'34" East 123.37' along the easterly line of

said lands to a cross cut in the southerly line of Lafayette Ave.;

thence, South 62Á34'00" East 165.97' along the assumed southerly line of

Lafayette Ave. to a point of curvature; thence, Southeasterly along a

curve to the right having a radius of 72.00' and an arc distance of

93.43' continuing along the same to a point of tangency in the westerly

line of Washington Ave; thence, South 11Á47'00" West 100.86' along the

westerly line of Washington Ave. to the point or place of BEGINNING.

Containing 1.267 acres of land more or less.

SUBJECT to utility easements described in Uber 1016, page 487, Liber

1038, page 977, Book 340, page 1277.

SUBJECT TO a 6' wide easement for ingress and egress as described in

Liber 318, page 4.

TOGETHER with a 6' wide and 12' wide right of way as described in

Liber 318, page 4.

SUBJECT TO any other easements, rights of ways or restrictions of

record.

Being the same premises described in a deed dated June 11, 1999 from

Westchester Realty Group LLC to Marandy Realty Associates, LLC and

recorded in the Rockland County Clerk's Office on June 24, 1999

Instrument ID #1999-00033893; or

(xv) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in the City of

Saratoga Springs, County of Saratoga and State of New York, bounded and

described as follows: Starting at an iron pipe on the southerly side of

New York State Highway 9P at the intersection of the lands now of

formerly of Ernst and one Walbridge and runs thence along the said

highway S 64 degrees 25' E 72.4 feet to a concrete state monument;

thence S 35 degrees 9' E 135.6 feet to an iron pipe on the Westerly side

of an 18 foot wide Right of Way extending from the aforementioned

highway to the Low Water Mark of Saratoga Lake; thence along the said

Right of Way S 17 degrees 20' W 115 feet to an iron pipe, the place of

beginning; thence in the same straight line along the said Right of Way

78.4 feet to an iron pipe; thence still along the said Right of Way S 38

degrees 9' W 208 feet to an iron pipe; thence N 51 degrees 51' W 81 feet

to an iron pipe; thence N 14 degrees 34' E 54.2 feet to an iron pipe;

thence N 56 degrees 0' E 242.8 feet to the place of beginning, the

aforementioned dimensions more or less; and being further bounded and

described as follows: BEGINNING at an iron pipe of the southerly side of

New York State Highway 9P at the intersection of the lands now of

formerly of Ernst and one Walbridge and runs thence along said highway

S. 64 degrees 25' E. 72.4 feet to a concrete state monument; thence

still along the said highway S. 35 degrees 9' E. 135.6 feet to an iron

pipe on the westerly side of a Right of Way 18 feet wide running from

the beforementioned highway to the Low Water Mark of Saratoga Lake;

thence across the said Right of Way S. 26 degrees E. 21.15 feet to the

Easterly side of the said Right of Way, the place of beginning; thence

along the said Right of Way S. 17 degrees 20' W. 171.1 feet to a point;

thence still along the said Right of Way S. 38 degrees 9' W. to the Low

Water Mark of Saratoga Lake; thence along the Low Water Mark of the said

lake to an iron pipe on the Westerly side of the said Highway which

point is about 435 feet Easterly at right angles from the Easterly side

of the beforementioned Right of Way; thence along the said Highway N. 10

degrees 57' W. 653.5 feet to a concrete monument; thence N. 26 degrees

10' W. 9.85 feet to the place of beginning. Be the aforesaid dimensions

in this clause more or less and encompassing lands considered to be a

single parcel; or

(xvi) where such licensed wholesaler or manufacturer also has an

interest in any such premises or business constituting the overnight

lodging and resort facility located wholly within the boundaries of that

tract or parcel of land situate in the city of Canandaigua, county of

Ontario, beginning at a point in the northerly line of village lot nine

where it meets with South Main Street, thence south sixty-nine degrees

fifty-four minutes west a distance of nine hundred sixteen and

twenty-three hundredths feet to an iron pin; thence in the same course a

distance of fourteen feet to an iron pin; thence in the same course a

distance of fourteen and four-tenths feet to a point; thence south

fifteen degrees thirty-eight minutes and forty seconds east a distance

of four hundred forty-six and eighty-seven hundredths feet to a point;

thence south twenty-eight degrees thirty-seven minutes and fifty seconds

east a distance of one hundred thirteen and eighty-four hundredths feet

to a point; thence south eighty-five degrees and forty-seven minutes

east a distance of forty-seven and sixty-one hundredths feet to an iron

pin; thence on the same course a distance of three hundred and

sixty-five feet to an iron pin; thence north seventeen degrees

twenty-one minutes and ten seconds east a distance of four hundred

fifty-seven and thirty-two hundredths feet to an iron pin; thence north

nineteen degrees and thirty minutes west a distance of two hundred and

forty-eight feet to a point; thence north sixty-nine degrees and

fifty-four minutes east a distance of two hundred eighty-four and

twenty-six hundredths feet to a point; thence north nineteen degrees and

thirty minutes west a distance of sixty feet to the point and place of

beginning, provided that such facility maintains not less than

seventy-five rooms and suites for overnight lodging; or

* (xvii) Parcel A

All that certain plot, piece or parcel of land, situate, lying and

being in the borough of Manhattan, city, county and state of New York,

bounded and described as follows:

Beginning at a point formed by the intersection of the northerly side

of Wall Street and the easterly side of Pearl Street; running thence

northerly along the easterly side of Pearl Street, 76 feet 1 inch;

thence easterly on a line forming an angle on its northerly side with

the easterly side of Pearl Street of 85Á 33' 30", a distance of 43 feet

1 inch; thence southerly on a line which forms an angle on its westerly

side with said last mentioned course of 90Á 22', a distance of 1 foot;

thence easterly on a line which forms an angle on its southerly side

with said last mentioned course of 89Á 24', a distance of 18 feet 3

inches, more or less, to a point where it is intersected by a line drawn

along the westerly side of the one-story brick extension at the rear of

the premises No. 122 Water Street; thence southerly on a line which on

its westerly side forms an angle of 86Á 43' with the preceding course

and along said one-story brick extension, 17 feet 3 inches to the corner

of said one-story brick building; thence easterly on a line which on its

northerly side forms an angle of 91Á 40' with the preceding course, 6

feet 8 1/2 inches to premises now known as No. 120 Water Street; thence

southerly along a line which on its westerly side forms an angle of 91Á

40' with the preceding course, 10 feet 9 inches to the premises now or

late of Tontine Company; thence westerly along said premises on a line

which on its northerly side forms an angle of 88Á 20' with the preceding

course, 20 feet; thence southerly and still along land now or late of

Tontine Company on a line which on its easterly side forms an angle of

89Á 09' with the preceding course, 53 feet 5 inches to the northerly

side of Wall Street; and thence westerly along the northerly side of

Wall Street on a line which on its northerly side forms an angle of 88Á

08' with the preceding course, 48 feet 11 1/2 inches to the easterly

side of Pearl Street at the point or place of beginning.

Parcel B:

All that certain plot, piece or parcel of land, situate, lying and

being in the borough of Manhattan, city, county and state of New York,

bounded and described as follows:

Beginning at the corner formed by the intersection of the northerly

side of Wall Street with the westerly side of Water Street; running

thence northerly, along the westerly side of Water Street, about fifty

feet nine inches to the premises Number One Hundred and Twenty Water

Street; thence westerly, along the southerly side of premises Number One

Hundred and Twenty Water Street, about eighty feet seven inches to the

easterly side of premises Number Eighty-Two Wall Street, thence

northerly, along the easterly side of premises Number Eighty-Two Wall

Street, to a point where it is intersected by a line drawn along the

northerly face of the northerly wall of the four-story and basement

brick building formerly erected thereon; thence westerly, along the

northerly side of said northerly wall, about twenty feet to the westerly

side of said premises Number Eighty-Two Wall Street; thence southerly,

along the westerly side of said premises Number Eighty-Two Wall Street,

about fifty-three feet six inches to the northerly side of Wall Street;

and thence easterly along the northerly side of Wall Street, to the

point or place of beginning.

Provided, however, that with respect to such retail licensee's

interest in a business engaged in the manufacture or sale at wholesale

of alcoholic beverages described in subdivision one-a of section one

hundred one of this article: (i) such interest must have been acquired

prior to the effective date of chapter two hundred ninety-nine of the

laws of two thousand twenty-one; (ii) such retail licensee may not

purchase alcoholic beverages directly from any such manufacturer or

wholesaler; and (iii) no more than fifteen percent of the annual dollar

value of alcoholic beverages purchased by such retail licensee for sale

on the premises may be produced by any such manufacturer; or

* NB Repealed upon certain provisions (see chapter 299 of 2021 § 2)

* (xviii) Real property in the Town of East Hampton, County of

Suffolk, State of New York, described as follows:

ALL that certain plot, piece or parcel of land, situate, lying and

being at Montauk, Town of East Hampton, County of Suffolk and State of

New York, bounded and described as follows:

BEGINNING at the corner formed by the intersection of the northeast

side of Surfside Place with the southeast side of Ocean view Terrace;

RUNNING THENCE from said point of beginning along the southeasterly

side of Oceanview Terrace North 68 degrees 18 minutes 15 seconds East,

265.64 feet to land formerly of Montauk Improvement Inc.;

THENCE along said land South 24 degrees 34 minutes 52 seconds East,

321.71 feet to the northerly line of boardwalk easement;

THENCE still along said course, 82 feet, more and less (114.76 feet

per survey), to the high water mark of the Atlantic Ocean;

THENCE southwesterly and along the high water mark of the Atlantic

Ocean, 267 feet more or less (265,41 feet per survey) to the northeast

side of the Surfside Place;

THENCE along the northeast side of Surfside Place North 24 degrees 34

minutes 52 seconds West, 425 feet, more or less, (448.98 feet per

survey) to the point or place of BEGINNING.

Provided, however, that with respect to such retail licensee's

interest in a business engaged in the manufacture or sale at wholesale

of alcoholic beverages described in subdivision one-a of section one

hundred one of this article: (i) such interest must have been acquired

prior to the effective date of chapter two hundred eighty-eight of the

laws of two thousand twenty-two; (ii) such retail licensee may not

purchase alcoholic beverages directly from any such manufacturer or

wholesaler; and (iii) no more than fifteen percent of the annual dollar

value of alcoholic beverages purchased by such retail licensee for sale

on the premises may be produced by any such manufacturer; or

(xix) on real property located on that certain tract or parcel of land

situated in the Town of Shelby, County of Orleans and State of New York,

being part of Great Lot No. 32 in Township 14, Range 3 of the Holland

Land Purchase and bounded and described as follows:

Beginning at the point of intersection of the centerline of Maple Ridge

Road, a/k/a New York State Route No. 31A (66 foot wide right-of-way)

with the centerline of Bates Road;

thence (1) North 00Á 12' 14" West and along the centerline of said Bates

Road a distance of 225.00 feet to a point; thence (2) North 89Á 47' 46"

East and along the south line of lands now or formerly owned by Joyce

and Raymond Cook, Jr. (See Liber 392 of Deeds at page 246 and Tax

Account No. 080.00 - 03 - 15.3) a distance of 200.00 feet to a point;

thence (3) North 00Á 12' 14" West and along the westerly line of lands

now or formerly of said Joyce and Raymond Cook, Jr. and also along the

westerly line of lands now or formerly owned by Mark G. and Evon C.

Navarra (See Liber 498 of Deeds at page 88 and Tax Account No. 080.00 -

03 - 15.2) and lands now or formerly owned by John E. Harris, Jr. (See

Liber 452 of Deeds at page 207 and Tax Account No. 080.00 - 03 - 16.0) a

distance of 300.00 feet to a point; thence (4) South 89Á 47' 46" West

and along the north line of lands now or formerly of said John E.

Harris, Jr. a distance of 200.00 feet to a point in the centerline of

Bates Road;

thence (5) North 00Á 10' 30" West and along the centerline of said Bates

Road a distance of 1414.14 feet to a point; thence (6) North 89Á 46' 17"

East and along the south line of lands now or formerly owned by Harry R.

and Lois A. Deyarmin (See Liber 466 of Deeds at page 322 and Tax Account

No. 080.00 - 03 - 17.00) and also along the south line of lands now or

formerly owned by Michael J. Healy and Vincent J. Licata (See Liber 391

of Deeds at page 1077 and Tax Account No. 080.00 - 03 - 01.4) a distance

of 398.06 feet to a point on the westerly line of lands now or formerly

owned by the Niagara Mohawk Power Corporation (See Liber 360 of Deeds at

page 186 and Tax Account No. 080.00 - 03 - 23.0); thence (7) South 02Á

21' 51" East and continuing along the westerly line of lands now or

formerly owned by the said Niagara Mohawk Power Corporation a distance

of 1932.39 to a point in the centerline of Maple Ridge Road, a/k/a New

York State Route No. 31A; thence (8) South 88Á 47' 20" West and along

the centerline of said Maple Ridge Road, a/k/a New York State Route No.

31A, a distance of 471.69 feet to the point of beginning.

Hereby intending to describe a parcel of land shown on a Survey Map made

by Clark Patterson Associates, dated August 7, 2006, being Project No.

9418.00 and Drawing Number BNDY - 2. Together with the right, privilege

and easement for use of one or more of four road crossings not to exceed

20 feet in width, as reserved in the Warranty Deed made by Glenn L. Hill

and Nola A. Hill to the Niagara Mohawk Power Corporation, dated November

2, 1972 and recorded November 3, 1972 in the Orleans County Clerk's

Office in Liber 360 of Deeds at page 186. ALSO ALL THAT TRACT OR PARCEL

OF LAND situate in the Town of Shelby, County of Orleans and State of

New York, being part of Great Lot No. 32 in Township 14, Range 3 of the

Holland Land Purchase and bounded and described as follows:

Commencing at the point of intersection of the centerline of Maple Ridge

Road, a/k/a New York State Route No. 31A (66 foot wide right-of-way)

with the centerline of Bates Road; thence (A) North 88Á 47' 20" East and

along the centerline of said Maple Ridge Road, a/k/a New York State

Route No. 31A a distance of 621.72 feet to the point of beginning;

thence (1) North 02Á 21' 51" West and along the easterly line of lands

now or formerly owned by the Niagara Mohawk Power Corporation (See Liber

360 of Deeds at page 186 and Tax Account No. 080.00 - 03 - 23.0) a

distance of 1931.96 feet to a point;

thence (2) North 89Á 45' 02" East and along the south line of lands now

or formerly owned by Douglas A. Holka (See Liber 545 of Deeds at page 43

and Tax Account No. 080.00 - 03 - 1.1) a distance of 1378.90 feet to a

point; thence (3) South 00Á 12' 37" East and along the westerly line of

lands now or formerly owned by Franklin Tower (See Liber 489 of Deeds at

page 185 and Tax Account No. 080.00 - 03 - 14.0) a distance of 1908.72

feet to a point in the centerline of said Maple Ridge Road, a/k/a New

York State Route No. 31A; thence (4) South 88Á 47' 20" West and along

the centerline of said Maple Ridge Road, a/k/a New York State Route No.

31A, a distance of 1306.49 feet to the point of beginning.

Hereby intending to describe a parcel of land shown on a Survey Map made

by Clark Patterson Associates, dated August 7, 2006, being Project No.

9418.00 and Drawing Number BNDY - 2. Together with the right, privilege

and easement for use of one or more of four road crossings not to exceed

20 feet in width, as reserved in the Warranty Deed made by Glenn L. Hill

and Nola A. Hill to the Niagara Mohawk Power Corporation, dated November

2, 1972 and recorded November 3, 1972 in the Orleans County Clerk's

Office in Liber 360 of Deeds at page 186; or

* (xx) ALL that certain plot, piece or parcel of land, with the

buildings and improvements thereon erected, situate, lying and being in

the Town of East Hampton, County of Suffolk and State of New York,

bounded and described as follows:

Beginning at a point on the northwesterly side of Main Street (Montauk

Highway - NYS Rte. 27) distant 541 feet more or less northeasterly, as

measured along the same, from the corner formed by the intersection of

the northeasterly side of Windmill Lane with the northwesterly side of

Main Street, said point being also at the division line between the

easterly side of land now or formerly of Stanley Flower, Jr. and the

westerly side of the hereafter described parcel; Running thence along

said division line and along the easterly side of land now or formerly

of Peter Bistrian, North 21 degrees 34 minutes 40 seconds West 380 feet;

Thence still along land now or formerly of Peter Bistrian, North 64

degrees 52 minutes 20 seconds East, 74 feet; Thence along land now or

formerly of Peter Bistrian, Cullum and EJS Realty Corp. South 21 degrees

34 minutes 40 seconds East 380 feet to the northwesterly side of Main

Street; and Thence along the northwesterly side of Main Street, South 64

degrees 52 minutes 20 seconds West 74 feet to the point or place of

beginning. Being the same premises conveyed by Nicholas Catalano by deed

dated May 5, 1977 and recorded in the Suffolk County Clerk's Office on

May 16, 1977, in Liber 8235, cp 582. Being the same premises conveyed in

part to W. John Cox by deed dated May 23, 1985 and recorded in the

Suffolk County Clerk's Office on May 30, 1985, in Liber 9799, cp 453.

Provided, however, notwithstanding section one hundred seven-a of this

article, the retail licensee and brand owner located at the premises

described in this subparagraph may designate the importer licensee

located at the premises described in subparagraph (xiv) of paragraph (a)

of subdivision one of section one hundred one of this article as owner

of such brands for purposes of brand label registration and price

scheduling as required under this chapter; or

* NB Repealed upon certain conditions (see chapter 328 of 2022 § 3)

* (xxi) Parcel A: ALL THAT CERTAIN plot, place or parcel of land,

with the buildings and improvements thereon erected, situate, lying and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows: BEGINNING at the corner formed by the

intersection of the northerly side of Grove Street with the easterly

side of Bleecker Street; THENCE easterly along the northerly side of

Grove Street 117 feet 9 1/2 inches to the center of a party wall between

Nos. 53 and 55 Grove Street; THENCE northerly parallel with or nearly so

with Bleecker Street and partly through the center of said party wall 47

feet; THENCE westerly parallel with or nearly so with Grove Street 36

feet 7 inches to a point distant 82 feet 5 inches from Bleecker Street;

THENCE northerly at right angles to Christopher Street 29 feet 1 1/2

inches; THENCE westerly parallel with Grove Street 88 feet 6 inches to

the easterly side of Bleecker Street; THENCE southerly along the

easterly side of Bleecker Street 73 feet 3 inches to the point or place

of beginning. Notwithstanding section one hundred seven-a of this

article, the retail licensee and brand owner located at the premises

described in this subparagraph and further identified as Parcel A may

designate the manufacturer licensee located at the premises described in

subparagraph (xiv) of paragraph (a) of subdivision one of section one

hundred one of this article as owner of such brands for purposes of

brand label registration and price scheduling as required under this

chapter.

Parcel B:

ALL that lot of land in the borough of Manhattan, County of New York,

City and State of New York, bounded and described as follows:

BEGINNING on the southwesterly corner of Commence and Barrow Streets;

RUNNING THENCE westerly along the southerly side of Barrow Street twenty

feet, seven and One-half inches to the easterly face of the easterly

wall of the premises known as seventy-seven Barrow Street;

RUNNING THENCE southerly in a straight line along the easterly face of

said wall and the line to continuation thereof eighty feet, eleven

inches;

RUNNING THENCE northeasterly in a straight line and past of the distance

along the northerly wall of the three story basement, brick building

known as 48 Commerce Street fifty-five feet, eight and three fourths

inches to the westerly side of Commerce Street;

THENCE northerly along the westerly side of Commerce Street sixty feet,

nine and one half inches to the point or place of BEGINNING.

Parcel C:

ALL that certain plot, piece or parcel of land with the buildings and

improvements thereon erected, situate, lying, and being in the Borough

of Manhattan, City, County and State of New York, bounded and described

as follows:

BEGINNING at a point on the northerly side of Christopher Street,

distant 125 feet westerly from the corner formed by the intersection of

the northerly side of Christopher Street with the westerly side of

Bleecker Street;

RUNNING THENCE northerly parallel with Bleecker Street, 90 feet;

THENCE westerly in the rear parallel with Christopher Street, 25 feet;

THENCE southerly parallel with Bleecker Street 90 feet to the northerly

side of Christopher Street;

THENCE easterly along the northerly side of Christopher Street, 25 feet

to the point or place of BEGINNING.

Parcel D:

ALL that piece or parcel of land, together with the buildings and

improvements thereon, situate, lying and being in the Third Ward of the

City of Hudson, Columbia County, New York, bounded and described as

follows:

BEGINNING at a point in the southerly line of Warren Street, which point

marks the northeasterly corner of the premises herein described and the

northwesterly corner of the premises conveyed by Richman's Apparel of

Hudson, N.Y., to the City of Hudson by deed dated December 18, 1975, and

recorded the same day in Columbia County Clerk's Office in Book 520 of

Deeds at Page 1137; running thence along said land so conveyed to the

City of Hudson, the following three courses and distances: (1) S 44Á 33'

20" W, 11.45 feet to a point, (2) N 45Á 26' 40" W, 4 feet to a point,

and (3) 45Á 20' 30" W, 109.27 feet to a point in the northerly line of

Cherry Alley; thence along said Cherry Alley N 45Á 52' 40" W 23.40 feet

to an iron pin, which iron pin marks the southwesterly corner of the

premises here in described; thence along lands now or formerly of

Michael Martin N 44Á 37' 20" E, 120.67 feet to a point in the southerly

line of Warren Street; thence along the southerly line of Warren Street

the following two courses and distances: (1) S 45Á 52' 40" E, 23.39

feet, and (2) S 45Á 51' 30" E, 5.37 feet to the point or place beginning

as shown on a map entitled "Survey update of Lands of Richman's Apparel

of Hudson, New York, Inc." dated January 11, 1982, made by M. Chazen, P.

E. & L. S., and recorded in the Columbia County Clerk's Office as Micro

7469.

TOGETHER WITH the Temporary Easement granted by The City of Hudson to

Bread and Roses, LLC dated 3/10/2003 recorded 3/14/2003 in Cartridge 441

Frame 1222.

Parcel E:

ALL that certain plot, piece or parcel of land, situate, lying, and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows:

BEGINNING at a point on the southerly side of Grove Street, distant 83

feet westerly from the corner formed by the intersection of the said

southerly side of Grove Street with the westerly side of Bleecker

Street;

RUNNING THENCE westerly along the southerly side of Grove Street, 42

feet;

THENCE southerly parallel with the westerly side of Bleecker Street, 100

feet;

THENCE easterly and parallel with the southerly side of Grove Street, 42

feet;

THENCE northerly again parallel with the westerly side of Bleecker

Street, 100 feet to the point or place of BEGINNING.

Said premises is commonly known as 42-44 Grove Street, New York, New

York.

Parcel F:

BEGINNING at a point on the southerly side of Grove Street distant 75

feet and 3/4 of an inch easterly from the corner formed by the

intersection of the said southerly side of Grove Street with the

easterly side of Bleecker Street;

RUNNING THENCE southerly parallel with the easterly side of Bleecker

Street 81 feet and 10-5/8 inches to the northwesterly side of Seventh

Avenue South;

THENCE northeasterly along the said northwesterly side of Seventh Avenue

South 117 feet and 11 inches to the corner formed by the intersection of

the said northwesterly side of Seventh Avenue South with the southerly

side of Grove Street;

THENCE westerly along the southerly side of Grove Street 86 feet and 9

inches to the point or place of BEGINNING.

SAID PREMISES being known as and by the street numbers 92-100 Seventh

Avenue South and 52-58 Grove Street.

Parcel G:

THE condominium unit (the "Unit") known as Unit Nos. C1 and C2 in the

Building (hereinafter referred to as the "Building") known as the

Bleeker-Grove Condominium and by the street numbers 312-314 Bleeker

Street, a/k/a 48 Grove Street, New York, New York, said Units being

designated and described as Unit Nos. C1 and C2 in the declaration

establishing a plan condominium ownership of said premises under Article

9-b of the Real Property Law of the State of New York (the "New York

Condominium Act"), dated 6/13/1990, recorded in the Office of the

Register of New York County (the "Register's Office") on 2/5/1991 in

reel 1760 page 1981, and also designated as Tax Lot Nos. 1001 and 1002

in Block 588, Section 2, of the Borough of Manhattan on the Tax Map of

the Real Property Assessment Department of the City of New York and on

the floor plans of said Building, certified by Howard I. Zimmerman

Associates, Architects, on the 1/28/1991, and filed with the Real

Property Assessment Department of the City of New York as Condominium

Plan No. 755, and also filed in the City Register's Office on 2/5/1991,

as Map No. 5059.

TOGETHER with an undivided 15.193% and 30.331% interest, respectively,

in the common elements,

THE premises within which the Unit is located are more particularly

bounded and describes as follows:

ALL that certain plot, piece or parcel of land, situate, lying and being

the Borough of Manhattan, City, County, and State of New York, bounded

and described as follows:

BEGINNING at the corner formed by the intersection of the westerly side

of Bleeker Street with the southerly side of Grove Street;

RUNNING thence southerly along Bleeker Street, 40 feet;

THENCE westerly parallel with Grove Street, 83 feet;

THENCE northerly parallel with Bleeker Street, 40 feet to the southerly

side of Grove Street;

THENCE easterly along the southerly side of Grove Street, 83 feet to the

point or place of beginning.

THAT the said premises are known as and by the street address(es)

312-314 Bleeker Street a/k/a 48 Grove Street, New York, NY. Provided,

however, that with respect to such retail licensees' interest in a

business engaged in the manufacture or sale at wholesale of alcoholic

beverages described in subdivision one-a of section one hundred one of

this article: (i) such retail licensees may not purchase alcoholic

beverages directly from any such manufacturer or wholesaler; and (ii) no

more than fifteen percent of the annual dollar value of alcoholic

beverages purchased by any such individual retail licensee for sale on

the premises may be produced by any such manufacturer; or

* NB Repealed upon certain conditions (see chapter 348 of 2022 § 3)

* (xxii) Parcel A

ALL that certain plot, piece or parcel of land with the buildings and

improvements thereon erected, situated, lying and being in the Town of

Wilmington, County of Essex and State of New York, being part of lot No.

32 of Mallory's Grant and more particularly described as follows:

BEGINNING at a point in the Wilmington-Lake Placid State Highway

(Route 86) said point being located 600 feet North Easterly from the

point where the division line between lots Nos. 31 and 32 of Mallory's

Grant intersects the center of said Highway and which point of beginning

is the most Easterly corner of a parcel of land conveyed by Bernard J.P.

Comiskey to Marjorie B. Wilkins by deed dated July 7, 1950 and recorded

in the Essex County Clerk's Office on July 10, 1950 in Book 279 of Deeds

at page 293, and from said point of beginning running thence in a

Northwesterly direction along the Northeasterly line of said parcel a

distance of 550 feet to the most Northerly corner thereof; thence

Southwesterly along the Northeasterly line of said parcel (described as

parallel to the center of said highway) and continuing in the same

course along the Northwesterly line of a parcel of land conveyed by said

Comiskey to Walter N. Zywan and Marylyn V. Zywan a total distance on

this course of 600 feet to a point in the division line between said

lots Nos. 31 and 32; thence Northwesterly along said division line a

distance of 1985 feet more or less to the most Westerly corner of lot

No. 32; thence Northeasterly along the Westerly boundary of Mallory's

Grant a distance of 1696 feet more or less to the most Northerly corner

of lot No. 32; thence Southeasterly along the division line between lots

Nos. 32 and 33 a distance of 3280 feet more or less to a point in the

center of the aforesaid State Highway; thence Southwesterly along the

center thereof to the point or place of beginning.

Parcel B

ALL THAT TRACT, PART, PIECE OR PARCEL OF LAND, situate in Lots 33 and

34, Mallory's Grant, Town of Wilmington, County of Essex, State of New

York, being more particularly bounded and described as follows:

BEGINNING at a 3/4 inch iron pipe found in the southerly bounds of New

York State Highway Route 86, and at the most northerly corner of a

parcel of land belonging (N/F), to Betty Jane Smart, by virtue of a deed

recorded in the Office of the Essex County Clerk in Book 725 of Deeds at

Page 176, and RUNNING THENCE N 57Á 07' 56" E, along said southerly

bounds, a distance of 296.17 feet, to a 1 inch iron pipe found in the

most westerly corner of a parcel of land belonging to Richard D. Railton

and Maries L Railton, by virtue of a deed recorded in the Office of the

Essex County Clerk in Book 810 of Deeds at Page 339;

THENCE TURNING and running S 48Á 57' 21" E, along the southwesterly

bounds of Railton (L810-P339), passing through an iron rod at 99.94

feet, and passing through a 3/4 inch iron pipe at 200.24 feet, a total

distance of 614.50 feet, to the most northerly corner of a parcel of

land belonging to Richard D. Railton and Maries L Railton, by virtue of

a deed recorded in the Office of the Essex County Clerk in Book 993 of

Deeds at Page 346;

THENCE TURNING and running S 61Á 14' 53" W, along the northwesterly

line of Railton (LP.), a distance of 255.24 feet, to the most westerly

corner thereof, being a 1/2 inch iron pipe set in the northeasterly

bounds of the aforementioned premises of (N/F) Betty Jane Smart

(L725-P176);

THENCE TURNING and running N 53Á 11' 24" W, along the northeasterly

bounds of lands (N/F) of SMART (L725-P176), a distance of 700.31 feet,

to the point or place of beginning.

Parcel C

All that certain plot, piece or parcel of land, situate, lying and

being In the Town of Wilmington, County of Essex, State of New York,

briefly described as follows vis:

Commencing at the intersection of the southeast limit of Highway #86

with the southwest bank of White Brook; thence southwesterly along the

highway limit, 309.39 feet to a cedar stake which is the point of

beginning and which is also the northwest corner of Parcel #1 as shown

on a survey of Wilmington Development Company property by Norman Briggs,

LS., dated July 1, 1952; thence S 50Á 00' W, along the highway limit,

309.39 feet to a cedar stake: thence S 34' 00' 50" E. 1209.50 feet to a

4" x 4" cedar post on the bank of the AuSable River; thence

northeasterly approximately 21 O feet; following the river bank, to a 4"

x 4" cedar post which is also the southwest corner of Parcel #1; thence

N. 49Á 29' 50" W, 1180.73 feet to the point of beginning.

EXCEPTING FROM THE ABOVE DESCRIBED PARCEL:

All that tract or parcel of land situate in the Town of Wilmington,

County of Essex, State of New York, being part of Lot 33, Mallory's

Grant lying east of New York State Route 86 and west of the West Branch

of the AuSable River and is more particularly bounded and described as

follows:

Beginning at a point at the most northerly corner of the premises

marked by a 5/8 inch iron rod with cap, said point being the following

two (2) courses from a 3/4 inch iron pipe in the southeast bounds of New

York State Route 86 which lies 304.52 feet southwest of White Brook:

1. South 49Á 25' 55" East, 395.00 feet;

2. South 49Á 27' 22" East, 349.45 feet;

Thence, South 49Á 27' 22" East, 450.00 feet along the southwest line

of certain lands of Richard M. Sibalski and Jane F. Sibalski, Deed Book

772/Page 4, to a point on the west bank of the West Branch of the

AuSable River, said course passing through a 1/2 inch iron pipe line

marker at a distance of 440.00 feet;

Thence, Southerly 130 feet more or less along the west bank of the

West Branch of the AuSable River on the following three (3) courses to a

point at the southerly corner:

1. South 29Á 37' 10" West, 32.66 feet to a point:

2. South 32Á 53' 59" East, 40.69 feet to a point;

3. South 55Á 14' 56" West, 65.59 feet to a point;

Thence, North 48Á 23' 02" West, 246.21 feet along the southwesterly

line to 5/8 inch iron rod with cap, said course passing through a 5/8

inch iron rod line marker at a distance of 51.00 feet;

Thence, North 56Á 25' 45" West, 95, 11 feet along the southwesterly

line to 5/8 inch iron rod with cap;

Thence, North 09Á 51' 36" West, 179.07 feet along the west line to the

Point-of-Beginning.

Together with a right of way for all normal purposes of ingress and

egress over the existing drive from the southwest line of the premises

southwest and northwest to the New York State Route 86 and also the

right to maintain, repair and replace the existing utility lines

providing service to the premises hereinabove described in their present

locations.

Parcel D

ALL THAT TRACT, PART, PIECE OR PARCEL OF LAND, situate in Lots 33 and

34, Mallory's Grant, Town of Wilmington, County of Essex, State of New

York and being more particularly bounded and described as follows:

BEGINNING at a 1 inch iron pipe, and the most westerly corner of a

parcel of land belonging to Richard D. Railton and Maries L. Railton, by

virtue of a deed recorded in the Office of the Essex County Clerk in

Book 81 O at Page 339, and RUNNING THENCE S 48Á 57' 21" E, along the

southwesterly line of Railton (L810-P339) passing through an iron rod at

99.94 feet, and a 1/2 inch iron pipe at 200.24 feet, a total distance of

614.50 feet to a 1/2 inch iron pipe, and to the TRUE POINT OF BEGINNING

of the 3.0 acre parcel herein being described;

THENCE CONTINUING along said southwesterly line, S 48Á 57' 21" passing

through a 1/2 inch iron pipe at 595.91 feet, a total distance of 629

feet more or less, to a point on the northerly bank of the AuSable

River, and to the most easterly corner of the 3.0 acre parcel herein

being described;

THENCE TURNING and running southwesterly and upstream, along the bank

of the AuSable River, a distance of 230 feet, more or less, to the most

easterly corner of a parcel of land belonging (N/F) to Florence

Williams; by virtue of a deed recorded in the Office of the Essex County

Clerk in Book 456 of Deeds at Page 19;

THENCE TURNING and running N 53Á 11' 24" W, (passing through a 3/4

inch iron pipe at 20 feet, more or less), along the northeasterly line

of WILLIAMS (L456-P19), a distance of 415 feet, more or less, to the

most easterly corner of a parcel of land belonging (N/F) to Betty Jane

Smart, by virtue of a deed recorded In the Office of the Essex County

Clerk in Book 725 of Deeds at Page 176;

RUNNING THENCE N 53Á 11' 24" W, along the northeasterly line of SMART

(L725-P176), (passing through a 3/4 inch iron rod at 99.47 feet), a

distance of 189.6 feet, to a 1/2 inch iron pipe, and to the most

westerly corner of the 3.0 acre parcel herein being described:

THENCE TURNING and running N 61Á 14' 53" E, through lands belonging to

the High Valley Motel Corporation, by virtue of a deed recorded in the

Office of the Essex County Clerk in Book 940 of Deeds at Page 142, a

distance of 255.24 feet, to the point or place of beginning.

Parcel E

All that tract or parcel of land situate in the Town of Wilmington,

County of Essex, State of New York, being part of Lot 33, Mallory's

Grant lying east of New York State Route 86 and west of the West Branch

of the AuSable River and is more particularly bounded and described as

follows:

Beginning at a point at the most northerly corner of the premises

marked by a 5/8 inch iron rod with cap, said point being the following

two (2) courses from a 3/4 inch iron pipe in the southeast bounds of New

York State Route 86 which lies 304.52 feet southwest of White Brook:

1. South 49Á 25' 55" East, 395.00 feet:

2. South 49Á 27' 22" East, 349.45 feet;

Thence, South 49Á 27' 22" East, 450.00 feet along the southwest line

of certain lands of Richard M. Sibalski and Jane F. Sibalski, Deed Book

772/Page 4, to a point on the west bank of the West Branch of the

AuSable River, said course passing through a 1/2 inch iron pipe line

marker at a distance of 440.00 feet;

Thence, Southerly 130 feet more or less along the west bank of the

West Branch of the AuSable River on the following three (3) courses to a

point at the southerly corner:

1. South 29Á 37' 1 O" Well, 32.66 feet to a point;

2. South 32Á 53' 59" East, 40.69 feet to a point;

3. South 55Á 14' 56" West, 65.59 feet to a point;

Thence, North 48Á 23' 02" West, 246.21 feet along the southwesterly

line to a 5/8 inch iron rod with cap, said course passing through a 5/8

inch iron rod line marker at a distance of 51.00 feet;

Thence, North 56Á 28' 45" West, 95.11 feet along the southwesterly

line to a 5/8 inch iron rod with cap;

Thence, North 09Á 51' 36" West, 179.07 feet along the west line to the

Point-of Beginning. Together with a right of way for all normal purposes

of ingress and egress over the existing drive from the southwest line of

the premises southwest and northwest to New York State Route 86.

Parcel F

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island,

County of Erie and State of New York, being part of Lot No. 66, on said

Island, bounded and described as follows:

COMMENCING at the northeast comer of Lot No. 66; thence westerly along

the northerly line of Lot No. 66, 848.85 feet to its intersection with

the northeasterly line of the New York State Thruway; thence

southeasterly along the northeasterly line of said Thruway 440.26 feet;

thence northerly in a straight line 767 feet to the place of beginning.

Parcel G

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Grand Island,

County of Erie and State of New York, being parts of Lots Nos. 82 and

83, on said Island, bounded and described as follows:

Beginning at the point of the intersection of the southwesterly line

of Grand Island Connecting Boulevard and the easterly line of lands

conveyed to George J. Stortz, by deed recorded in Erie County Clerk's

Office in Liber 325 of Deeds at page 610; thence northwesterly along the

southwesterly line of Grand Island Connecting Boulevard, 200 feet;

thence southwesterly at right angles to the southwesterly line of Grand

Island Connecting Boulevard, 1871.45 feet to the south line of said Lot

No. 82 and 83, 1688.78 feet to the easterly line of lands deeded to

Stortz, as aforesaid; thence northerly along the said line of Stortz's

land 861.40 feet to the point of beginning.

Parcel H

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Wilmington,

County of Essex, State of New York, being a part of Lot 28, Mallory's

Grant, and of Lots 7 and B, Jay Tract, being bounded and described as

follows:

BEGINNING at a point which marks the intersection of the center line

of New York State Highway, Route 86, with the center line of Fox Farm

Road, so-called;

Running thence along the center line of Fox Farm Road in the following

six courses:

S 69Á 33' E, 200.0 feet;

S 72Á 32' E, 200.0 feet;

S 76Á 46' E, 200.0 feet;

S 80Á 15' E, 1100.0 feet;

S 77Á 38' E, 380.0 feet;

S 73Á 16' E, 494.6 feet to a point in the southwesterly corner of

29.78 acre parcel heretofore conveyed by Carl Steinhoff and Bertha

Steinhoff to Winfield D. Davis and Marceline M. Davis;

Running thence along the general westerly bounds of said Davis parcel

in the following three courses:

N 18Á 21' 30" E, a distance of 31.9 feet to a 1" pipe;

N 18Á 21' 30" E, 461.0 feet to a 1" pipe;

N 18Á 21' 30" E, 829.7 feet to a 1" pipe, which marks the general

northwest corner of said Davis parcel;

Running thence in the same course, N 18Á 21' 30" E, and in an

extension northerly of the westerly boundary line of said Davis parcel

so-called, a distance of 213 feet, more or less, to a point in the

southerly boundary line of said premises reputedly owned by Mabel

DeMasi;

Running thence N 60Á 57' W, and along the general southerly boundary

line of said DeMasi property, so-called, a distance of 475 feet, more or

less, to a 1/4 pipe set in a small pile of stones, which point is

reputed to be on the division line of Lots 28/29;

Running thence N 30Á 02' 30" E. and along the general westerly bounds

of said DeMasi property, so-called, a distance of 305.9 feet to a 1/4"

pipe set at the easterly face of a 6 foot high boulder at or near the

general southerly bank of the AuSable River;

Running thence upstream along or nearly along the southerly bank of

the AuSable River in the following nine courses:

N 64Á 38' W, 168.2 feet;

N 55Á 27' W, 186.6 feet;

N 87Á 01' W, 151.4 feet;

S 53Á 08' W, 279.9 feet;

S 50Á 39' W, 97.0 feet;

S 54Á 52' W, 149.9 feet;

S 81Á 52' W, 186.6 feet;

N 76Á 04' 30" W, 312.0 feet;

S 57Á 33' W, 680.0 feet to a point on the bridge spanning to AuSable

River, which point lies over the southerly bank of said river;

Running thence along the center or nearly in the center of said New

York State Highway, Route 86, in the following five courses:

S 20Á 50' W, 119.0 feet;

S 26Á so' W, 200.0 feet;

S 39Á 34' W, 200.0 feet;

S 45Á 08' W, 400.0 feet;

S 49Á 45" W, 300.0 feet to the point or place of beginning.

EXCEPTING all those portions, rights and privileges which have been

acquired by the State of New York and County of Essex for highway

purposes.

EXCEPTING premises conveyed by deed from Yates-Prime, Ltd. to the

People of the State of New York, acting by and through the Commissioner

of Environmental Conservation of the State of New York dated January 24,

1996 and recorded May 29, 1996 in Book 1111 at Page 116.

EXCEPTING AND RESERVING premises conveyed by deed from Richard H.

Nagamine, Jr. and Sylvia E. Nagamine to Yates Prime, Ltd. dated November

9, 2000 and recorded January 3, 2001 in Book 1272 at page 1 or

* NB Repealed upon certain provisions (see chapter 527 of 2023 § 6)

* (xxiii) ALL THAT TRACT OR PARCEL OF LAND, with the buildings and

improvements thereon erected, situate, lying and being on County Road

153 in Military Lot 14 & 23 in the Town of Ovid, County of Seneca, State

of New York bounded and described as follows:

BEGINNING at a point in the assumed centerline of County Road 153 at

the apparent center of the bridge over Sheldrake Creek, said point also

being southerly a distance of 292 feet more or less from the apparent

intersection of said centerline with the assumed centerline of Sheldrake

Road; thence leaving the point of beginning South 18Á 21' 25" East along

the assumed centerline of County Road 153 a distance of 260.70 feet to a

point; thence South 19Á 47' 57" East along said centerline a distance of

107.76 feet to a point; thence South 21Á 16' 18" East along said

centerline a distance of 182.94 feet to a point; thence North 73Á 21'

51" East along lands reputedly of Atwood (lib. 385, page 398) passing

through an iron pipe 17.91 feet distant, and continuing further along

that same course a distance of 80.43 feet farther, the total distance

being 98.34 feet to an iron pipe in concrete at or near the shore line

of Cayuga Lake; thence in a southerly direction the following courses

and distances along tie lines at or near the shore line of Cayuga Lake:

South 03Á 51' 47" West a distance of 91.67 feet to a point; thence South

09Á 41' 08" East a distance of 60.89 feet to a point; thence South 25Á

12' 40" East a distance of 86.20 feet to an iron pin; thence South 68Á

29' 53" West along lands reputedly of Boyle (lib. 397, page 1128)

passing through an iron pin 35.00 feet distant, and continuing further

along that same course passing through another iron pin 40.00 feet

farther, and continuing still further along that same course a distance

of 149.00 feet farther, the total distance being 224.00 feet to an iron

pin; thence South 17Á 34' 07" East along said lands of Boyle, passing

through a concrete post 170.00 feet distant, and continuing further

along that same course along lands reputedly of Riemenschneider (lib.

449, page 61) a distance of 159.70 feet farther, the total distance

being 329.70 feet to an iron pin; thence South 75Á 00' 23" West along

lands reputedly of Diamond-Carey (lib. 430, page 271) a distance of

250.00 feet to an iron pin; thence South 62Á 21' 07" West along said

lands of Diamond-Carey a distance of 168.29 feet to an iron pipe 2 feet

east of a 12 inch hickory tree; thence South 01Á 32' 47" West along said

lands of Diamond-Carey a distance of 377.63 feet to an iron pin; thence

North 72Á 01' 46" East along said lands of Diamond-Carey a distance of

17.49 feet to an iron pin; thence South 13Á 10' 51" East along lands

reputedly of Poes (lib. 533, page 327) a distance of 174.57 feet to an

iron pin; thence South 61Á 15' 35" West along lands reputedly of

Diamond, Helfman & Day (lib. 482, page 354) a distance of 44.90 feet to

an iron pipe; thence South 23Á 58' 18" East along said lands of Diamond,

Helfman & Day and also along lands reputedly of Day (lib. 317, page 341)

a distance of 197.28 feet to an axle; thence South 03Á 33' 43" East

along lands reputedly of Dusinbere (lib. 510, page 151) a distance of

76.42 feet to an iron pipe; thence South 04Á 24' 03" East along said

lands of Dusinbere, passing through an iron pipe 102.31 feet distant,

and continuing further along that same course along lands reputedly of

Frantz (lib. 432, page 69) a distance of 238.42 feet farther, the total

distance being 340.73 feet to an iron pin; thence South 05Á 1 T 20" East

along lands reputedly of Holman (lib. 331, page 398) a distance of

199.65 feet to an iron pipe; thence North 85Á 47' 17" West along lands

reputedly of Travis (lib. 413, page 61) a distance of 60.22 feet to an

iron pipe; thence South 49Á 37' 13" West along said lands of Travis a

distance of 136.80 feet to an iron pipe; thence South 52Á 29' 03" West

along said lands of Travis a distance of 201.20 feet to a point; thence

South 67Á 02' 08" West along said lands of Travis a distance of 203.75

feet to an iron pin; thence South 05Á 58' 13" West a distance of 25.95

feet to a point in a double basswood stump; thence North 84Á 57' 23"

West along lands reputedly of Travis (Lib. 413, page 61) a distance of

643.08 feet to an iron pipe; thence North 85Á 19' 03" West along lands

reputedly of George (lib. 501, page 283) a distance of 2953.18 feet to

an iron pin; thence North 85Á 01' 43" West a distance of 260.88 feet to

an iron pin; thence the following courses and distances along tie lines

being along the south bank of Sheldrake Creek: North 04Á 58' 17" East a

distance of 75.00 feet to a point; North 53Á 32' 03" East a distance of

257.36 feet to a point; North 49Á 46' 21" East a distance of 388.42 feet

to a point; North 70Á 07' 21" East a distance of 113.39 feet to a point;

North 85Á 22' 45" East a distance of 158.74 feet to a point; South 75Á

38' 53" East a distance of 138.69 feet to a point; North 75Á 27' 23"

East a distance of 123.03 feet to a point; North 01Á 49' 54" West a

distance of 286.17 feet to a point; North 45Á 15' 53" East a distance of

124.41 feet to a point; South 74Á 36' 39" East a distance of 235.69 feet

to a point; North 76Á 37' 59" East a distance of 203.07 feet to a point;

North 44Á 08' 15" East a distance of 225.05 feet to a point; North 32Á

19' 26" East a distance of 175.45 feet to a point; North 87Á 20' 19"

East a distance of 266.75 feet to a point; North 50Á 26' 38" East a

distance of 286.68 feet to a point; North 69Á 39' 24" East a distance of

218. 09 fee t to a point; North 34Á 09' 56" East a distance of 183.80

feet to a point; North 06Á 30' 06" East a distance of 173.73 feet to a

point; North 82Á 28' 34" East a distance of 318.45 feet to a point;

North 63Á 12' 37" East a distance of 457.87 feet to a point; North 47Á

33' 36" East a distance of 228.07 feet to a point; North 60Á 11* 17"

East a distance of 263.17 feet to a point; North 71Á 05' 04" East a

distance of 179.45 feet to a point; North 81Á 35' 05" East a distance of

337.03 feet to a point; North 76Á 08' 39" East a distance of 164.59 feet

to a point; thence North 21Á 30' 07" West a distance of 56.80 feet to a

point in the assumed centerline of Sheldrake Creek; thence North 64Á 26'

00" East along said centerline a distance of 140.00 feet to a point;

thence North 38Á 10' 00" East along said centerline a distance of 150.00

feet to a point, said point being the point and place of beginning.

COMPRISING an area of 155.081 acres of land according to a survey

completed by Michael D. Karlsen on December 20, 1996 entitled "Plan of

Land to be Conveyed by Seymour Diamond" known as job number 96-572-2 and

a survey completed by Michael D. Karlsen on December 9, 1996 entitled

"Plan Showing Easterly Lines of Seymour Diamond" known as job number

96-572-1. Said maps are filed in the Seneca County Clerk's Office in Map

book 97 pages 38 and 39.

Also quit claiming all right, title and interest in and to the land

lying between the centerline of Sheldrake Creek and the south bank of

said Sheldrake Creek.

SUBJECT TO a right of way conveyed to New York State Electric and Gas

Corporation by instrument dated June 14, 1945 and recorded in the Seneca

County Clerk's Office in Liber 186 of Deeds at Page 454.

SUBJECT TO the rights of the public in and to County Road 153.

SUBJECT TO a permanent right of way and easement for ingress to and

egress from the spring on the premises herein conveyed across the

premises herein conveyed to the premised herein excepted and reserved

for purposes of the installation, maintenance and repair of a water pipe

line running from the said spring to the said premises excepted and

reserved which said pipe line shall be used for purposes of supplying

water from said spring to said reserved premises for residential and

allied uses (Liber 397, page 1128).

SUBJECT TO the right to use water from a certain spring situated on

the premises herein conveyed, said water from said spring to be used to

supply the dwelling house identified in Liber 449 of Deeds at Page 61

only and said water to be piped to the said house as the same is now

piped and no larger pipes to be installed at any time, for such water

supply, together with the right to go upon the premises herein conveyed

for the purpose of repairing and renewing said pipes.

TOGETHER with all of the right, title and interest of the grantor in

and to any lands or waters that may lie between high and low water mark

of Cayuga Lake and immediately to the east of the above described

premises and between the north and south line of said premises produced

in an easterly direction; it being understood between the parties hereto

that all the premises conveyed herein which tend to convey any rights in

and to Cayuga Lake are subject to all lawful rights of the State of New

York and to lawful usage during times of high water.

TOGETHER with a 20-foot right of way from Lake Road over and across

premises now or formerly of Dusinbere (510/151), subject to the right of

Dusinbere, their heirs, distributees and assigns, to relocate said right

of way at any time hereafter.

BEING AND INTENDING the same premises which were conveyed to the party

of the first part herein by warrant deed of Seymour Diamond, dated

February 6, 1997 and recorded in the Seneca County Clerk's office on

February 6, 1997 in Liber 550 of Deeds at page 243.

ALSO ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ovid,

Seneca County, New York being a part of Lot No. 23 in said town and more

particularly bounded and described as follows:

BEGINNING at a point in the center line of County Road No. 153, said

point being located southerly along said center line a distance of 1,080

feet from its intersection with the center line of Sheldrake Road;

thence North 68Á 29' 53' East, said course passing through a found on at

14.64 feet a total distance of 49.64 feet to a found pin in the high

water mark of Cayuga Lake; thence southeasterly along the high water

line of Cayuga Lake a distance of 174 feet, said course having a chord

tie of South 32Á 06' 16" East and a chord tie distance of 172.91 feet to

a point at the high water mark; thence South 68Á 29' 53" West, said

course passing through a found iron bar in the easterly right of way of

County Road No. 153 at 53.85 feet and continuing across County Road No.

153 and passing through a found iron bar in the west line of County Road

No. 153 at 103.60 feet a total distance of 267.50 feet to a found

concrete monument; thence North 13Á 34' 07" West a distance of 170.35

feet to a found pin; thence North 68Á 29' 53" east, said course passing

through a found pin near the west line of County Road No. 153 at 149

feet a total distance of 174.36 feet to the point or place of beginning,

containing 0.77 acre of land, more or less.

The above described premises are as shown on a survey entitled "Survey

Map Showing Lands of Judith Boyle No. 7488 County Road No. 153 - Mil.

Lot 14 Town of Ovid, Seneca County, New York" dated April 24, 1998 as

prepared by T.G. Miller P.C., Engineers and Surveyors. Said map is filed

in the Seneca County Clerk's Office in Map book 98 page 159.

BEING the same premises conveyed to the grantor herein by deed of

Judith Boyle dated June 3, 1998, recorded in the Seneca County Clerk's

Office on June 26, 1998 in Liber 573 of Deeds at Page 37.

This conveyance is made SUBJECT to the following:

1. The rights of the public in and to County Road No. 153.

2. Any and all easements or rights of way of record.

TOGETHER with the appurtenances and all the estate and rights of the

party of the first part in and to said premises.

* NB There are 3 sbpar (xxiii)'s

* (xxiii) Part A

ALL that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows:

BEGINNING at a point on the easterly side of Thompson Street, distant 87

feet 5 inches southerly from the corner formed by the intersection of

the easterly side of Thompson Street with the southerly side of Spring

Street;

RUNNING THENCE Easterly on a line forming an interior angle of 89

degrees 47 minutes 30 seconds with the easterly side of Thompson Street

a distance of 87 feet 11 1/2 inches to a point in a line drawn northerly

along the westerly face of the westerly wall of the one story brick

building located on the premises adjoining on the east;

THENCE Southerly along the said line and along the westerly face of said

wall to the northerly face of another one story brick building on said

adjoining premises;

THENCE Westerly along the said northerly face of the said northerly wall

6 inches to the westerly face of the westerly wall of said building;

THENCE Southerly along the westerly face of said wall and a line in

continuation thereof to a line drawn at right angles to Thompson Street

from a point in the easterly side thereof distant 50 feet southerly from

the point of beginning.

THENCE Westerly at right angle to Thompson Street, 87 feet 6 1/2 inches

more or less to the easterly side of Thompson Street;

THENCE Northerly along the easterly side of Thompson Street, 50 feet to

the point or place of BEGINNING.

Part B

ALL that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, County of New York, City and State of

New York, bounded and described as follows:

BEGINNING at a point on the westerly side of West Broadway distant 93

feet 5 3/4 inches (U.S. Standard) southerly as measured along the

westerly side of West Broadway from the corner formed by the

intersection of the southerly side of Spring Street with the westerly

side of West Broadway.

RUNNING THENCE in a general southerly direction along the westerly

side of West Broadway a distance of 47 feet 4 1/4 inches (U.S.

Standard); RUNNING THENCE in a general westerly direction along a line

forming an interior angle of 89 degrees 54 minutes 25 seconds with the

westerly side of

West Broadway a distance of 75.0 feet (U.S. Standard);

RUNNING THENCE in a general northerly direction along a line forming an

interior angle of 90 degrees 05 minutes 35 seconds with the last

mentioned course a distance of 46 feet 11 5/8 inches (U.S. Standard);

RUNNING THENCE in a general easterly direction along a line forming an

interior angle of 90 degrees with the last mentioned course a distance

of 16.0 feet (U.S. Standard);

RUNNING THENCE in a general northerly direction along a line forming a

right angle with the last mentioned course a distance of 5 inches (U.S.

Standard); and

THENCE in a general easterly direction along a line forming an interior

angle of 89 degrees 51 minutes 30 seconds with the last mentioned course

a distance of 59.0 feet (U.S. Standard); to the westerly side of West

Broadway, the point or place of BEGINNING.

The above description is an overall description appearing of record in

Deed recorded 11/16/1988 in Reel 1494 Page 1438, which combines the

following PARCEL A and PARCEL B as described in said Deed and prior

Deeds of record:

PARCEL A (Being the northerly portion of TAX LOT 23):

All that certain plot, piece or parcel of land, situate, lying and being

in the Borough of Manhattan, City and State of New York, on the

northwesterly side of West Broadway, formerly Laurens Street, between

Spring and Broome Streets in the 8th Ward of the City of New York and

known on a Map of property belonging to Estate of Thomas Starr,

deceased, dated May 1827, made by Thomas R. Ludlam, C.S., conveyed to

said David Robbins by Deed Liber 238

Cp 454 which is bounded and described as follows;

BEGINNING at a point on the northwesterly side of said West Broadway

being the southerly corner of said Lot No. 85;

RUNNING THENCE northeasterly along the northwesterly side of West

Broadway, 22 feet 4 inches more or less to the easterly corner of said

brick house; RUNNING THENCE northwesterly at right angles to said West

Broadway and in part along said brick house; and

THENCE continuing in the same direction to the rear of the Lot, 100

feet;

THENCE, southeasterly along the rear of the Lot and parallel with West

Broadway, 22 feet 4 inches more or less to the westerly corner of said

Lot No. 85; and

RUNNING THENCE southwesterly at right angles to West Broadway, 100 feet

to said northwesterly side of West Broadway being the point or place of

BEGINNING.

Excepting so much as has been taken by the City of New York for the

widening of Laurens Street (formerly South 5th Avenue and now known as

West Broadway).

PARCEL B (Being the remaining portion of TAX LOT 23):

ALL that certain plot, piece or parcel of land, situate, lying and being

in the Borough of Manhattan, City, County and State of New York, bounded

and described as follows:

BEGINNING at a point on the westerly side of West Broadway, distant 115

feet 10 inches southerly from the corner formed by the intersection of

the westerly side of West Broadway with the southerly side of Spring

Street which point is at the northerly face of the northerly wall of the

building on the premises herein described;

RUNNING THENCE westerly along the northerly face of the northerly wall

of the building on the premises herein described and on a line in

continuation thereof nearly parallel with Spring Street, 75 feet;

THENCE southerly parallel with West Broadway 24 feet 10 inches to a

point in a line drawn in continuation of the southerly face of the

southerly wall of the building on the premises herein described;

THENCE easterly along said line and along the southerly face of the

southerly wall of the building on the premises herein described nearly

parallel with Spring Street, 75 feet to the westerly side of West

Broadway; and THENCE, northerly along the westerly side of West

Broadway, 25 feet to the point or place of BEGINNING.

Part C

ALL that lot, piece or parcel of land, situate, lying and being in the

Borough of Manhattan, City, County and State of New York, bounded and

described as follows:

BEGINNING at the corner formed by the intersection of the Northerly side

of 70th Street with the Westerly side of Madison Avenue;

THENCE Northerly along the Westerly side of Madison Avenue, 100 feet 5

inches to the center line of the block between 70th and 71st Streets;

THENCE Westerly parallel with the Northerly side of 70th Street and

along said center line of the block, 21 feet;

THENCE Southerly parallel with the Westerly side of Madison Avenue, 100

feet 5 inches to the Northerly side of 70th Street;

THENCE Easterly along the Northerly side of 70th Street, 21 feet to the

point or place of BEGINNING.

Provided, however, that with respect to such retail licensee's

interest in a business engaged in the manufacture or sale at wholesale

of alcoholic beverages described in this subparagraph: (1) such interest

shall have been acquired prior to the effective date of this

subparagraph; (2) such retail licensee may not purchase alcoholic

beverages directly from any such manufacturer or wholesaler; and (3) no

more than fifteen percent of the annual dollar value of alcoholic

beverages purchased by such retail licensee for sale on the premises may

be produced by any such manufacturer.

* NB There are 3 sbpar (xxiii)'s

* NB Repealed upon certain provisions (see chapter 412 of 2024 § 2)

* (xxiii) ALL that certain plot, piece or parcel of land, situate,

lying and being in the Borough of Manhattan, City, County and State of

New York, bounded and described as follows:

Parcel A

BEGINNING at the intersection of the southerly line of South Street,

135 feet wide, and the westerly line of Block 2 Lot 3;

THENCE RUNNING the following seven (7) courses and distances:

(1) Along said westerly line of Block 2 Lot 3, South 16 degrees 50

minutes 39 seconds East a distance of 145.30 feet to a point;

(2) THENCE still along said westerly line of Block 2 Lot 3, North 73

degrees 09 minutes 21 seconds East a distance of 28.67 feet to a point;

(3) THENCE still along said westerly line of Block 2 Lot 3, South 16

degrees 50 minutes 39 seconds East a distance of 419.26 feet to a point

on the U.S. Pierhead Line approved by Secretary of War, February 25,

1918;

(4) THENCE along said U.S. Pierhead Line, South 73 degrees 09 minutes

21 seconds West a distance of 317.76 feet to a point;

(5) THENCE still along said U.S. Pierhead Line, South 87 degrees 11

minutes 44 seconds West a distance of 36.57 feet to a point on the

easterly line of Block 2 Lot 1;

(6) THENCE along the northerly line of Block 2 Lot 1, North 15 degrees

30 minutes 29 seconds West a distance of 555.84 feet to a point on said

southerly line of South Street; and

(7) THENCE along said southerly line of South Street, North 73 degrees

09 minutes 21 seconds East a distance of 311.61 feet to the point of

BEGINNING.

EXCEPTING THEREFROM the slips, and those certain portions of the

ground floor as delineated on the diagrams annexed to the Sublease (i)

with the cross-hatching on the schematic drawing of the ground floor

depicted on page 1 of Annex 1 and (ii) with black shading or

cross-hatching on the schematic drawing of Annex 2.

Parcel B

All that certain Lot, piece or parcel of land, with the buildings and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, County of New York, State of New York:

Borough of Manhattan, City, County and State of New York, bounded and

described as follows:

BEGINNING at the corner formed by the intersection of the westerly

side of Broadway and the southerly side of Morris Street;

THENCE southerly along the westerly side of Broadway, 203 feet 1-3/4

inches Survey (203 feet 2-1/4 inches Deed more or less), to the

northerly side of lands formerly belonging to Eve White;

THENCE westerly along the northerly side of said lands formerly

belonging to Eve White 201 feet 2 inches Survey (200 feet 8 inches Deed

more or less), to the easterly side of Greenwich Street;

THENCE northerly along the easterly side of Greenwich Street 231 feet

1-3/4 inch Survey (231 feet 1-3/4 inches Deed) to the southeasterly

corner of Greenwich and Morris Streets; and

THENCE easterly along the southerly side of Morris Street, 248 feet 2

inches Survey (248 feet 3 inches Deed) to the point or place of

BEGINNING.

Parcel C

All that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows:

BEGINNING at the corner formed by the intersection of the easterly

side of William Street and the southerly side of Wall Street;

RUNNING THENCE easterly along the southerly side of Wall Street 198.11

feet to the corner formed by the intersection of the westerly side of

Hanover Street and the southerly side of Wall Street;

THENCE southerly along the westerly side of Hanover Street 52.33 feet

to an angel point therein;

THENCE southerly still along the westerly side of Hanover Street 88.34

feet to the corner formed by the intersection of the westerly side of

Hanover Street and the northerly side of Exchange Place;

THENCE westerly along the northerly side of Exchange Place 206.41 feet

to the corner formed by the intersection of the northerly side of

Exchange Place and the easterly side of William Street;

THENCE northerly along the easterly side of William Street 76.79 feet

to an angle point therein;

THENCE northerly still along the easterly side of William Street 95.00

feet to the point or place of BEGINNING.

THE ABOVE LAND HAVING ALSO BEEN DESCRIBED PURSUANT TO A SURVEY

PREPARED BY EARL B. LOVELL- S.P. BELCHER ORIGINALLY DATED NOVEMBER 5,

1952 AS FOLLOWS:

All that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows:

BEGINNING at the corner formed by the intersection of the easterly

side of William Street and the southerly side of Wall Street;

RUNNING THENCE easterly along the southerly side of Wall Street 197.94

feet to the corner formed by the intersection of the westerly side of

Hanover Street and the southerly side of Wall Street;

THENCE southerly along the westerly side of Hanover Street 140.78 feet

to the corner formed by the intersection of the westerly side of Hanover

Street and the northerly side of Exchange Place;

THENCE westerly along the northerly side of Exchange Place 204.92 feet

to the corner formed by the intersection of the northerly side of

Exchange Place and the easterly side of William Street;

THENCE northerly along the easterly side of William Street 171.76 feet

to the point or place of BEGINNING.

Parcel D

ALL THOSE PARCELS of land situate in the Borough of Manhattan, City,

County and State of New York, below a horizontal plane drawn at an

elevation of 500 feet above the NAVD 88 datum level, bounded and

described as follows:

BEGINNING at the corner formed by the intersection of the northerly

side of East 42nd Street and the easterly side of former Depew Place

(now closed and discontinued);

THENCE RUNNING northerly along the said easterly side of former Depew

Place, 340 feet 4 inches;

THENCE RUNNING westerly and parallel with the northerly side of East

42nd Street, 394 feet 4 inches to a point on the easterly side of

Vanderbilt Avenue, which point is distant 340 feet 4 inches northerly

from the corner formed by the intersection of the northerly side of East

42nd Street and the easterly side of Vanderbilt Avenue;

THENCE RUNNING southerly along the easterly side of Vanderbilt Avenue,

340 feet 4 inches to its intersection with the northerly side of East

42nd Street:

THENCE RUNNING easterly along the northerly side of East 42nd Street,

394 feet 4 inches to the corner, the point or place of BEGINNING.

Parcel E

ALL that plot of land (the "Land"), together with the improvements

thereon, in the Borough of Manhattan, County of New York, City of New

York and State of New York, said Land being bounded and described as

follows:

BEGINNING at a point on the southerly side of 42nd Street distant one

hundred twenty-five (125) feet westerly from the corner formed by the

intersection of the southerly side of 42nd Street with the westerly side

of Lexington Avenue; and running

THENCE Southerly and parallel with Lexington Avenue ninety-eight (98)

feet nine (9) inches;

THENCE Westerly and parallel with 42nd Street fifty (50) feet to a

point in the easterly line of premises conveyed by Pershing Square

Building Corporation to The Bowery Savings Bank by deed dated January 4,

1921 and recorded in the Office of the Register of the County of New

York on January 5, 1921 in Liber 3190 of Conveyances at Page 440;

THENCE Southerly along the easterly side of said premises on a line at

right angles to the southerly side of 42nd Street ninety-eight (98) feet

nine (9) inches to the northerly side of 41st Street;

THENCE westerly along the northerly side of 41st Street one hundred

four (104) feet six (6) inches more or less to a point from which a line

drawn northerly to the southerly side of 42nd Street and parallel with

Park Avenue and at right angles with the northerly side of 41st Street

would run through the center of the seventh row (reading easterly from

Park Avenue) of column locations as shown by circular indications

thereof upon map entitled: "State of New York, Transit Construction

Commissioner, Engineering Department, Route Number 43, Section Number 1,

Borough of Manhattan, Map or Plan showing property for resale east side

of Park Avenue between East 41st Street and East 42nd Street, signed by

D. L. Turner, Chief Engineer, dated February 4, 1920 (as revised May 25,

1920) and designated as drawing number 175, file number 3801", which map

is annexed to the deed above mentioned;

THENCE Northerly along said line one hundred ninety-seven (197) feet

six (6) inches to the southerly side of 42nd Street; and

THENCE Easterly along the southerly side of 42nd Street one hundred

fifty-four (154) feet six (6) inches more or less to the point or place

of BEGINNING.

Parcel F

ALL THAT CERTAIN plot, piece, or parcel of land, situate, lying and

being in the Borough of Manhattan, New York County, City and State of

New York, bounded and described as follows:

BEGINNING at the comer formed by the intersection of the southerly

line of West 61st Street with the easterly line of Riverside Boulevard,

as shown on the City Map;

RUNNING THENCE easterly, along to the southerly line of West 61st

Street, 423 feet 6 inches to a point;

THENCE southerly, at right angles to the previous course, 74 feet

3-1/8 inches;

THENCE southwesterly, along a line forming an included angle of 169

degrees 40 minutes 47 seconds, 138 feet 7-3/4 inches;

THENCE westerly, along a line forming an included angle of 100 degrees

19 minutes 13 seconds, 445 feet I 0-5/8 inches to a point on the

easterly side of Riverside Boulevard;

THENCE northerly, along the easterly line of Riverside Boulevard which

forms an included angle of 80 degrees 23 minutes 47 seconds, 13 feet

0-1/4 of an inch to a point of curvature;

THENCE northerly, along the easterly line of Riverside Boulevard on

the arc of a circle curving to the right, having a radius of 1,548 feet

0 inches and an included angle of 4 degrees 41 minutes 14 seconds, 126

feet 7-5/8 inches to a point of tangency;

THENCE northerly, along the easterly line of Riverside Boulevard, 76

feet 4 inches to the point of place of BEGINNING.

Parcel G

ALL that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows:

BEGINNING at the corner formed by the intersection of the northerly

side of West 50th Street and the easterly side of 12th Avenue;

RUNNING THENCE northerly along the easterly side of 12th Avenue a

distance of 100 feet 5 inches to a point on center line of the block

between West 50th Street and West 51st Street;

THENCE easterly along the center line of the block between West 50th

Street and West 51st Street parallel with the northerly side of West

50th Street a distance of 100 feet to a point;

THENCE southerly and parallel with the easterly side of 12th Avenue a

distance of 100 feet 5 inches to a point on the northerly side of West

50th Street;

THENCE westerly along the northerly side of West 50th Street a

distance of 100 feet to the corner formed by the intersection of the

northerly side of West 50th Street and the easterly side of 12th Avenue,

the point or place of beginning.

For Information Only: Premises being known as 678-682 12th Avenue

a/k/a 637-641 West 50th Street New York, N.Y. and designated as Block

1098 Lot 11 as shown on Tax Map of the City of New York, County of New

York.

Parcel H

ALL that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, County of New York, City and State of

New York, bounded and described as follows:

BEGINNING at the corner formed by the intersection of the southerly

side of East 61st Street with the westerly side of Madison Avenue;

RUNNING THENCE westerly along the southerly side of East 61st Street,

150 feet;

THENCE southerly and parallel with the westerly side of Madison

Avenue, 100 feet 5 inches to the center line of the block between East

61st and 60th Streets;

THENCE westerly along said center line of the block and parallel with

southerly side of East 61st Street, 45 feet;

THENCE southerly and parallel with the westerly side of Madison Avenue

and part of the distance through a party wall, 100 feet 5 inches to the

northerly side of East 60th Street;

THENCE easterly along the said northerly side of East 60th Street, 100

feet;

THENCE northerly and parallel with the westerly side of Madison Avenue

and part of the distance through another party wall, 73 feet 5 inches;

THENCE easterly and parallel with East 60th Street, 95 feet to the

westerly side of Madison Avenue;

THENCE northerly along the westerly side of Madison Avenue, 127 feet 5

inches to the point or place of BEGINNING.

Parcel I

ALL that certain plot, piece or parcel of land, with the building and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, City, County and State of New York, bounded and described as

follows:

BEGINNING at the corner formed by the intersection of the easterly

side of Fifth Avenue and the northerly side of 59th Street;

RUNNING THENCE northerly along the easterly side of Fifth Avenue 100

feet; THENCE easterly parallel with 59th Street 100 feet;

THENCE northerly parallel with Fifth Avenue 5 inches; THENCE easterly

parallel with 59th Street 25 feet;

THENCE southerly parallel with Fifth Avenue 100 feet 5 inches to the

northerly side of 59th Street; and

THENCE westerly along the northerly side of 59th Street 125 feet to

the point or place of BEGINNING.

TOGETHER WITH the benefits of the easement for light and air recorded

in Liber 5137 at Page 142.

Parcel J

ALL the following three parcels of land, together with the

improvements thereon:

PARCEL J-1

ALL that certain plot, piece or parcel of land, with the buildings and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, County, City and State of New York, bounded and described as

follows:

BEGINNING at a point being the northwest corner of Broome and Laurens

Street, as the said Laurens Street is now established by law as widened,

being a point, distant 25 feet westwardly from the northwest corner of

Broome and Laurens Street and measured from the old line thereof;

RUNNING THENCE westwardly along the northerly side of Broome Street,

18 feet 6 inches; THENCE northwardly, parallel with Laurens Street, 80

feet;

THENCE eastwardly, parallel with Broome Street, 18 feet 6 inches to

the westerly line of Laurens Street, as the same is now established by

law since the widening thereof;

THENCE southwardly along the said westerly line of Laurens Street, 80

feet to the point or place of

BEGINNING.

THE said Laurens Street being now known as West Broadway.

PARCEL J-2

ALL that certain plot, piece or parcel of land, with the building and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, County, City and State of New York, bounded and described as

follows:

BEGINNING at a point on the westerly side of West Broadway, formerly

South Fifth Avenue, 80 feet northerly from the corner formed by the

intersection of the westerly side of West Broadway, formerly South Fifth

Avenue, and the northerly side of Broome Street;

RUNNING THENCE northerly along the westerly side of West Broadway, 20

feet;

THENCE westerly 67 feet 8 1/2 inches along the southerly side of Lot#

333 on map made by Commissioners in Partition of the Estate of Anthony

Lispenard, deceased, to the rear of Lot #334 on said map;

THENCE southerly along the rear of said Lot #334, 20 feet;

THENCE easterly, 67 feet 7 3/4 inches to the point or place of

BEGINNING.

PARCEL J-3

ALL that certain plot, piece or parcel of land, with the buildings and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, County, City and State of New York, bounded and described as

follows:

BEGINNING at a point on the northerly side of Broome Street, distant

18 feet 6 inches westerly from the corner formed by the intersection of

the northerly side of Broome Street and the westerly side of West

Broadway, formerly South Fifth Avenue;

RUNNING THENCE northerly parallel or nearly so with West Broadway,

formerly South Fifth Avenue, 80 feet to land now or late of Randolph

Brant;

THENCE westerly along the same land and parallel or nearly so with

Broome Street, 21 feet 9 inches;

THENCE southerly parallel or nearly so with West Broadway and part of

the distance through a party wall, 80 feet to the northerly side of

Broome Street;

THENCE easterly along the said northerly side of Broome Street, 21

feet 9 inches to the point or place of BEGINNING.

Provided, however, that with respect to such retail licensee's

interest in a business engaged in the manufacture or sale at wholesale

of alcoholic beverages described in subdivision one-a of section one

hundred one of this article: (A) such retail licensee may not purchase

alcoholic beverages directly from any such manufacturer or wholesaler;

and (B) no more than fifteen percent of the annual dollar value of

alcoholic beverages purchased by such retail licensee for sale on the

premises may be produced by any such manufacturer; provided however,

alcohol sales related to events catered by the retail licensee shall not

be attributed to the fifteen percent annual sales value determination.

* NB There are 3 sbpar (xxiii)'s

* NB Repealed upon certain provisions (see chapter 583 of 2024 § 3)

(a-1) The provisions of paragraph (a) of this subdivision shall not

apply to the holder of a retail on-premises consumption license issued

for a premises located in the borough of Manhattan, city, county and

state of New York, bounded and described as follows: Beginning at a

point on the northerly side of 52nd Street, distant 375 feet westerly

from the northwesterly corner of 52nd Street and Fifth Avenue; running

thence northerly parallel with Fifth Avenue and part of the way through

a party wall, 75 feet 5 inches; thence westerly parallel with the

northerly side of 52nd Street, 11 feet 2-3/4 inches; thence northerly

parallel with Fifth Avenue, 25 feet to the center line of the block;

thence easterly along said center line of the block, 71 feet 2-3/4

inches; thence southerly parallel with Fifth Avenue and part of the way

through a party wall, 100 feet 5 inches to the northerly side of 52nd

Street; thence westerly along the northerly side of 52nd Street, 60 feet

to the point or place of beginning. Provided, however, that with respect

to such retail licensee's interest in a business engaged in the

manufacture or sale at wholesale of alcoholic beverages described in

subdivision 1-a of section one hundred one of this article: such

interest must have been acquired prior to the effective date of the

chapter of the laws of two thousand nineteen which added this paragraph;

(ii) such retail licensee may not purchase alcoholic beverages directly

from any such manufacturer or wholesaler; and (iii) no more than fifteen

percent of the annual dollar value of alcoholic beverages purchased by

such retail licensee for sale on the premises may be produced by any

such manufacturer.

(b) Any lien, mortgage or other interest or estate now held by said

retail licensee on or in the personal or real property of such

manufacturer or wholesaler, which mortgage, lien, interest or estate was

acquired on or before December thirty-first, nineteen hundred

thirty-two, shall not be included within the provisions of this

subdivision; provided, however, the burden of establishing the time of

the accrual of the interest, comprehended by this subdivision shall be

upon the person who claims to be entitled to the protection and

exemption afforded hereby.

14. No retail licensee for on-premises consumption shall make or cause

to be made any loan to any person engaged in the manufacture or sale of

liquors, wines or beer at wholesale.

15. All retail licensed premises shall be subject to inspection by any

peace officer, acting pursuant to his or her special duties, or police

officer and by the duly authorized representatives of the liquor

authority, during the hours when the said premises are open for the

transaction of business.

* 16. A person holding a retail on-premises license for a movie

theatre, other than a license for a movie theatre that meets the

definitions of restaurant and meals, and where all seating is at tables

where meals are served, shall:

(a) for every purchase of an alcoholic beverage, require the purchaser

to provide written evidence of age as set forth in paragraph (b) of

subdivision two of section sixty-five-b of this chapter; and

(b) allow the purchase of only one alcoholic beverage per transaction;

and

(c) not commence the sale of alcoholic beverages until one hour prior

to the start of the first motion picture, and cease all sales of

alcoholic beverages after the conclusion of the final motion picture.

* NB Repealed April 20, 2030

17. Notwithstanding any other provision of law, a retail licensee for

on-premises consumption that is a person or corporation operating a

hotel shall be permitted to sell liquors, beer, and/or wines through a

mechanical device or vending machine placed in the lodger's rooms and to

which access to such device or machine is restricted by means of a

locking device which requires the use of a key, magnetic card or similar

device provided, however, that no such key, card or similar device shall

be provided to any person under the age of twenty-one or to any person

who is visibly intoxicated.