Anak Wine & Liquor Co. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Anak Wine & Liquor Co. v. New York State Liquor Authority

30 A.D.2d 962, 294 N.Y.S.2d 987, 1968 N.Y. App. Div. LEXIS 3229

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

DecidedOctober 7, 1968

StatusPublished

This text of 30 A.D.2d 962 (Anak Wine & Liquor Co. 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.

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Anak Wine & Liquor Co. v. New York State Liquor Authority, 30 A.D.2d 962, 294 N.Y.S.2d 987, 1968 N.Y. App. Div. LEXIS 3229 (N.Y. Ct. App. 1968).

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Opinion

In a proceeding under section 123 of the Alcoholic Beverage Control Law, the appeal is from an order of the Supreme Court, Kings County, dated April 20, 1967, which (a) annulled a determination of the -appellant Authority approving the issuance of a package store license to appellant Murray Wine & Liquor, Inc., for certain premises; and (b) enjoined the issuance of such license and the operation of a package liquor store -by appellant Murray Wine & Liquor, Inc., at said premises. Order reversed, on the law, with one bill of costs, payable jointly to appellants filing separate briefs; determination of the Authority confirmed; and proceeding dismissed. No questions of fact were considered on this appeal. In our opinion, the record discloses a rational basis for the Authority’s determination that the license should be issued. Hence, the courts may not disturb it (see Matter of Sinacore v. New York State Liq. Auth., 21 N Y 2d 379). Beldock, P. J., Christ, Rabin, Hopkins and Benjamin, JJ., concur. [53 Misc 2d 924.]

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In a proceeding under section 123 of the Alcoholic Beverage Control Law, the appeal is from an order of the Supreme Court, Kings County, dated April 20, 1967, which (a) annulled a determination of the -appellant Authority approving the issuance of a package store license to appellant Murray Wine & Liquor, Inc., for certain premises; and (b) enjoined the issuance of such license and the operation of a package liquor store -by appellant Murray Wine & Liquor, Inc., at said premises. Order reversed, on the law, with one bill of costs, payable jointly to appellants filing separate briefs; determination of the Authority confirmed; and proceeding dismissed. No questions of fact were considered on this appeal. In our opinion, the record discloses a rational basis for the Authority’s determination that the license should be issued. Hence, the courts may not disturb it (see Matter of Sinacore v. New York State Liq. Auth., 21 N Y 2d 379). Beldock, P. J., Christ, Rabin, Hopkins and Benjamin, JJ., concur. [53 Misc 2d 924.]

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30 A.D.2d 962, 294 N.Y.S.2d 987, 1968 N.Y. App. Div. LEXIS 3229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anak-wine-liquor-co-v-new-york-state-liquor-authority-nyappdiv-1968.

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