A. & C. Enterprises, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

A. & C. Enterprises, Inc. v. State Liquor Authority

31 A.D.2d 527, 294 N.Y.S.2d 857, 1968 N.Y. App. Div. LEXIS 2889

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

DecidedNovember 19, 1968

StatusPublished

Cited by1 cases

This text of 31 A.D.2d 527 (A. & C. Enterprises, Inc. v. 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

A. & C. Enterprises, Inc. v. State Liquor Authority, 31 A.D.2d 527, 294 N.Y.S.2d 857, 1968 N.Y. App. Div. LEXIS 2889 (N.Y. Ct. App. 1968).

Pincite

Opinion

Determination of the State Liquor Authority suspending petitioner’s restaurant liquor license for a period of 10 days, unanimously annulled, on the law, without costs or disbursements and the charges dismissed. In our view there was no substantive evidence to sustain the determination that petitioner violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law (suffering or permitting licensed premises to become disorderly). The evidence seeking to tie the licensee with the single alleged act of solicitation totally fails to establish knowledge by the licensee or even to show circumstances such that the licensee should have known of the alleged occurrence (Matter of Cat & Fiddle v. State Liq. Auth., 24 A D 2d 758). Concur — Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.

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Determination of the State Liquor Authority suspending petitioner’s restaurant liquor license for a period of 10 days, unanimously annulled, on the law, without costs or disbursements and the charges dismissed. In our view there was no substantive evidence to sustain the determination that petitioner violated subdivision 6 of section 106 of the Alcoholic Beverage Control Law (suffering or permitting licensed premises to become disorderly). The evidence seeking to tie the licensee with the single alleged act of solicitation totally fails to establish knowledge by the licensee or even to show circumstances such that the licensee should have known of the alleged occurrence (Matter of Cat & Fiddle v. State Liq. Auth., 24 A D 2d 758). Concur — Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ.

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Bluebook (online)

31 A.D.2d 527, 294 N.Y.S.2d 857, 1968 N.Y. App. Div. LEXIS 2889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-c-enterprises-inc-v-state-liquor-authority-nyappdiv-1968.

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