Cojer Rest. Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Cojer Rest. Inc. v. New York State Liquor Authority

47 A.D.2d 612, 364 N.Y.S.2d 1, 1975 N.Y. App. Div. LEXIS 8755

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

DecidedFebruary 11, 1975

StatusPublished

Cited by1 cases

This text of 47 A.D.2d 612 (Cojer Rest. 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.

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Cojer Rest. Inc. v. New York State Liquor Authority, 47 A.D.2d 612, 364 N.Y.S.2d 1, 1975 N.Y. App. Div. LEXIS 8755 (N.Y. Ct. App. 1975).

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Opinion

Determination of respondent, New York State Liquor Authority, dated August 15, 1974, disapproving petitioner’s 1974r-1975 renewal application for a restaurant liquor license and recalling said license, unanimously annulled, on the law, without costs and without disbursements. Respondent’s determination is not supported by the record and constitutes arbitrary and unreasonable abuse of discretion. We conclude, as a matter of law, that the record fails to disclose a rational basis for respondent’s disapproval of petitioner’s renewal application. {Matter of Matty’s Best. v. New York State TAq. Auth., 21 A D 2d 818 — 819, affd. 15 N Y 2d 659.) Where, as here, respondent’s conclusions are based upon speculative inferences which are not supported by the record, its determination must be annulled. {Matter of Sled Sill Cafe v. Sostetter, 22 N Y 2d 607, 612-613.) Concur — Markewich, J. P., Lupiano, Tilzer, Capozzoli and Nunez, JJ.

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Determination of respondent, New York State Liquor Authority, dated August 15, 1974, disapproving petitioner’s 1974r-1975 renewal application for a restaurant liquor license and recalling said license, unanimously annulled, on the law, without costs and without disbursements. Respondent’s determination is not supported by the record and constitutes arbitrary and unreasonable abuse of discretion. We conclude, as a matter of law, that the record fails to disclose a rational basis for respondent’s disapproval of petitioner’s renewal application. {Matter of Matty’s Best. v. New York State TAq. Auth., 21 A D 2d 818 — 819, affd. 15 N Y 2d 659.) Where, as here, respondent’s conclusions are based upon speculative inferences which are not supported by the record, its determination must be annulled. {Matter of Sled Sill Cafe v. Sostetter, 22 N Y 2d 607, 612-613.) Concur — Markewich, J. P., Lupiano, Tilzer, Capozzoli and Nunez, JJ.

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47 A.D.2d 612, 364 N.Y.S.2d 1, 1975 N.Y. App. Div. LEXIS 8755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cojer-rest-inc-v-new-york-state-liquor-authority-nyappdiv-1975.

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