B.A. Berner, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

B.A. Berner, Inc. v. New York State Liquor Authority

219 A.D.2d 803, 632 N.Y.S.2d 1022, 1995 N.Y. App. Div. LEXIS 10808

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

DecidedSeptember 29, 1995

StatusPublished

This text of 219 A.D.2d 803 (B.A. Berner, 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

B.A. Berner, Inc. v. New York State Liquor Authority, 219 A.D.2d 803, 632 N.Y.S.2d 1022, 1995 N.Y. App. Div. LEXIS 10808 (N.Y. Ct. App. 1995).

Pincite

Opinion

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition and annulling the determination of respondent to deny petitioner’s application for an on-premises liquor license. From our review of the record, we conclude that the determination of respondent to deny petitioner the license was a reasonable exercise of its discretion (see, Matter of Zito v State Liq. Auth., 86 AD2d 959; see generally, Matter of Sled Hill Cafe v Hostetter, 22 NY2d 607, 612-613). (Appeal from Judgment of Supreme Court, Niagara County, Mintz, J. — CPLR art 78.) Present — Denman, P. J., Pine, Wesley, Balio and Davis, JJ.

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Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition and annulling the determination of respondent to deny petitioner’s application for an on-premises liquor license. From our review of the record, we conclude that the determination of respondent to deny petitioner the license was a reasonable exercise of its discretion (see, Matter of Zito v State Liq. Auth., 86 AD2d 959; see generally, Matter of Sled Hill Cafe v Hostetter, 22 NY2d 607, 612-613). (Appeal from Judgment of Supreme Court, Niagara County, Mintz, J. — CPLR art 78.) Present — Denman, P. J., Pine, Wesley, Balio and Davis, JJ.

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Bluebook (online)

219 A.D.2d 803, 632 N.Y.S.2d 1022, 1995 N.Y. App. Div. LEXIS 10808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ba-berner-inc-v-new-york-state-liquor-authority-nyappdiv-1995.

Opinion

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