Judgment unanimously modified in accordance with the memorandum herein and, as modified, affirmed, without costs. Memorandum: The determination disapproving petitioner's application without prejudice because of a pending investigation of the landlord and another, was arbitrary. The Authority cannot withhold a determination for an indefinite period merely because an investigation is pending ( Matter of Stuart Stuart v. State Liq. Auth., 29 A.D.2d 176). However, the trial court should not have directed the Authority to issue a license and approve the additional bar since the Authority has not passed on the merits of the application. (Cf. Matter of Rochester Colony v. Hostetter, 19 A.D.2d 250.) Petitioner should be given an opportunity to submit relevant facts and the Authority should then determine the application on the merits.