Re: Nitin K. Upadhyaya
Premises: 648 High Street
City/Town: Holyoke, MA 01040
Heard: June 27, 2006


MEMORANDUM AND ORDER


After a hearing on June 27, 2006 and a review of the facts, information and circumstances, the Alcoholic Beverages Control Commission (“the Commission”) issues this Memorandum and Order.

The Holyoke License Commission granted the application of Shive Corporation to transfer its license to Nitin K. Upadhyaya, 648 High Street, Holyoke. The Commission approved that application. Following the approval by the licensing authorities, the attorney for the transferee contacted the licensing authority and cancelled the application to transfer the license. The attorney for the transferor also contacted the licensing authority and confirmed the cancellation of the application to transfer the license. It is undisputed that the transfer agreement was never consummated, notwithstanding the approval by the licensing authorities.

The transferor never surrendered control or operation of the license to the transferee. The transferee never accepted control or operation of the license from the transferor. The transferee never exercised control or operation of the license. The transferee did not appear before the Commission and did not dispute the facts.

Therefore, the Alcoholic Beverages Control Commission hereby reconsiders and rescinds its approval of the application of Shive Corporation to transfer its license to Nitin K. Upadhyaya, 648 High Street, Holyoke. The license shall remain in the name of the transferor Shive Corporation nunc pro tunc. The records of the Commission shall accurately reflect this Order.


ALCOHOLIC BEVERAGES CONTROL COMMISSION

Eddie J. Jenkins, Chairman__________________________________________________

Robert H. Cronin, Commissioner_____________________________________________


Suzanne Iannella, Commissioner_____________________________________________


Dated in Boston, Massachusetts this 10th day of July 2006.

You have the right to appeal this decision to the Superior Court under the provisions of Chapter 30A of the Massachusetts General Laws within thirty days of receipt of this decision.

EJJ/kac