636 Terminal Rest. & Bar, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

636 Terminal Rest. & Bar, Inc. v. New York State Liquor Authority

19 A.D.2d 529

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 21, 1963

StatusPublished

This text of 19 A.D.2d 529 (636 Terminal Rest. & Bar, Inc. v. New York State Liquor Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

636 Terminal Rest. & Bar, Inc. v. New York State Liquor Authority, 19 A.D.2d 529 (N.Y. Ct. App. 1963).

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Opinion

Determination of the New York State Liquor Authority dated February 18, 1963, disapproving petitioner’s application for a retail license, unanimously annulled, on the law and on the facts, and the proceeding remanded to the respondent for the purpose of reconsideration and the making of appropriate findings, without costs to either party. If respondent credited the homosexual incident, its action was arbitrary; there is insufficient evidence as a matter of law with respect to the occurrence. Since the respondent made no express finding but only an oblique reference [530]*530with respect to the incident, the matter should be remanded for a redetermination. It may be, in the opinion of the Authority, that the prior history of the licensee standing alone might not have warranted the determination to refuse the renewal of the license. Concur — Botein, P. J., Breitel, Rabin, McNally and Stevens, JJ.

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Determination of the New York State Liquor Authority dated February 18, 1963, disapproving petitioner’s application for a retail license, unanimously annulled, on the law and on the facts, and the proceeding remanded to the respondent for the purpose of reconsideration and the making of appropriate findings, without costs to either party. If respondent credited the homosexual incident, its action was arbitrary; there is insufficient evidence as a matter of law with respect to the occurrence. Since the respondent made no express finding but only an oblique reference [530]*530with respect to the incident, the matter should be remanded for a redetermination. It may be, in the opinion of the Authority, that the prior history of the licensee standing alone might not have warranted the determination to refuse the renewal of the license. Concur — Botein, P. J., Breitel, Rabin, McNally and Stevens, JJ.

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Bluebook (online)

19 A.D.2d 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/636-terminal-rest-bar-inc-v-new-york-state-liquor-authority-nyappdiv-1963.