8 Christopher Street Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

8 Christopher Street Corp. v. New York State Liquor Authority

50 A.D.2d 534, 375 N.Y.S.2d 134, 1975 N.Y. App. Div. LEXIS 12252

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

DecidedNovember 13, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 534 (8 Christopher Street Corp. 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

8 Christopher Street Corp. v. New York State Liquor Authority, 50 A.D.2d 534, 375 N.Y.S.2d 134, 1975 N.Y. App. Div. LEXIS 12252 (N.Y. Ct. App. 1975).

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Opinion

Determination .of the New York State Liquor Authority, disapproving petitioner’s application for a special on premises liquor license, unanimously annulled, on the law, without costs and without disbursements, the petition granted and the authority directed to grant petitioner’s application. It is undisputed that approval of the application does not violate subdivision 7 of section 64 of the Alcoholic Beverage Control Law. (Matter of Waverly Rest. Corp. v State Liq. Auth., 24 AD2d 985.) Nor does the subject premises have an adverse license history. Moreover, it is claimed, and not disputed in the record, that the sole shareholder of petitioner intends to spend a minimum of 40 hours a week at the premises, which supervision will be shared by a hired manager, who has experience in the liquor field. The fact that the premises is located in a sensitive area of the city does not justify denial of the application. We conclude that respondent’s determination was based on speculative inferences unsupported by the record, and, therefore, it should be annulled. (Matter of Santini Rests. v State Liq. Auth., 32 AD2d 514.) Concur — Murphy, J. P., Lupiano, Capozzoli, Lane and Nunez, JJ.

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Determination .of the New York State Liquor Authority, disapproving petitioner’s application for a special on premises liquor license, unanimously annulled, on the law, without costs and without disbursements, the petition granted and the authority directed to grant petitioner’s application. It is undisputed that approval of the application does not violate subdivision 7 of section 64 of the Alcoholic Beverage Control Law. (Matter of Waverly Rest. Corp. v State Liq. Auth., 24 AD2d 985.) Nor does the subject premises have an adverse license history. Moreover, it is claimed, and not disputed in the record, that the sole shareholder of petitioner intends to spend a minimum of 40 hours a week at the premises, which supervision will be shared by a hired manager, who has experience in the liquor field. The fact that the premises is located in a sensitive area of the city does not justify denial of the application. We conclude that respondent’s determination was based on speculative inferences unsupported by the record, and, therefore, it should be annulled. (Matter of Santini Rests. v State Liq. Auth., 32 AD2d 514.) Concur — Murphy, J. P., Lupiano, Capozzoli, Lane and Nunez, JJ.

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50 A.D.2d 534, 375 N.Y.S.2d 134, 1975 N.Y. App. Div. LEXIS 12252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/8-christopher-street-corp-v-new-york-state-liquor-authority-nyappdiv-1975.

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