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Beal Properties, Inc. v. State Liquor Authority

340 N.E.2d 476, 37 N.Y.2d 861, 378 N.Y.S.2d 43, 1975 N.Y. LEXIS 2240
CourtNew York Court of Appeals
DecidedOctober 21, 1975
StatusPublished
Cited by22 cases

This text of 340 N.E.2d 476 (Beal Properties, Inc. v. State Liquor Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beal Properties, Inc. v. State Liquor Authority, 340 N.E.2d 476, 37 N.Y.2d 861, 378 N.Y.S.2d 43, 1975 N.Y. LEXIS 2240 (N.Y. 1975).

Opinions

[862]*862Memorandum. Judgment reversed, without costs, and the determination of the State Liquor Authority annulled on so much of the dissenting in part opinion at the Appellate Division which concluded that, absent a regulation by the agency giving notice that conduct not lewd or indecent per se was proscribed, a sanction could not be imposed. With respect to the events on July 27, 1972, there are insufficient findings by the agency. The only evidentiary finding adopted by the Authority is one by the hearing examiner that a patron was offended by the conduct which occurred on that particular day. Of course, there was considerable testimony by two witnesses concerning offensive conduct on that date, but no finding of offensive conduct, as distinguished from the subjective reaction of the patron, was made by the examiner or the agency.

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Bluebook (online)
340 N.E.2d 476, 37 N.Y.2d 861, 378 N.Y.S.2d 43, 1975 N.Y. LEXIS 2240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beal-properties-inc-v-state-liquor-authority-ny-1975.