Breezy Point Surf Club, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Breezy Point Surf Club, Inc. v. New York State Liquor Authority

184 A.D.2d 273, 586 N.Y.S.2d 884, 1992 N.Y. App. Div. LEXIS 7817

Appellate Division of the Supreme Court of the State of New York·Decided June 9, 1992·Published

Opinion

Order, Supreme Court, New York County (William P. McCooe, J.), entered May 23, 1991, which granted petitioner’s application to the extent of directing respondent to approve and issue a renewal of petitioner’s 1991 summer liquor license, unanimously affirmed, without costs.

An Administrative Law Judge having determined that respondent had failed to establish by substantial evidence the charges brought against petitioner, the respondent’s dilatory action thereafter and subsequent refusal to renew was both arbitrary and capricious, and is without a factual basis (cf., [274] Matter of Farina v State Liq. Auth., 20 NY2d 484, 493). Concur — Sullivan, J. P., Carro, Milonas and Ellerin, JJ.

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Order, Supreme Court, New York County (William P. McCooe, J.), entered May 23, 1991, which granted petitioner’s application to the extent of directing respondent to approve and issue a renewal of petitioner’s 1991 summer liquor license, unanimously affirmed, without costs.

An Administrative Law Judge having determined that respondent had failed to establish by substantial evidence the charges brought against petitioner, the respondent’s dilatory action thereafter and subsequent refusal to renew was both arbitrary and capricious, and is without a factual basis (cf., [274] Matter of Farina v State Liq. Auth., 20 NY2d 484, 493). Concur — Sullivan, J. P., Carro, Milonas and Ellerin, JJ.

Breezy Point Surf Club, Inc. v. New York State Liquor Authority, 184 A.D.2d 273, 586 N.Y.S.2d 884, 1992 N.Y. App. Div. LEXIS 7817 (N.Y. Ct. App. 1992).

Pincite

184 A.D.2d 273 (Breezy Point Surf Club, Inc. v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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