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Drew v. State Liquor Authority

142 N.E.2d 201, 2 N.Y.2d 624, 162 N.Y.S.2d 23, 1957 N.Y. LEXIS 1069
CourtNew York Court of Appeals
DecidedApril 12, 1957
StatusPublished
Cited by7 cases

This text of 142 N.E.2d 201 (Drew 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
Drew v. State Liquor Authority, 142 N.E.2d 201, 2 N.Y.2d 624, 162 N.Y.S.2d 23, 1957 N.Y. LEXIS 1069 (N.Y. 1957).

Opinion

Per Curiam.

If, in connection with appellants’ petition for a transfer of their liquor store and the subsequent proceeding, there was irregularity in vital matters, illegality or conduct tantamount to fraud, then, the principle of administrative [628]*628finality may not here be invoked or applied. On the other hand, if no snch irregularity, illegality or fraud were present, the State Liquor Authority lacked power to reverse its original determination approving the application. Consequently, under the circumstances of this cáse, we refrain from considering the decisive effect of the Authority’s initial determination, as well as the problem of administrative finality, until after the hearing, directed by the Appellate Division, shall have been held.

The order should be affirmed.

Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ., concur.

Order affirmed.

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Cite This Page — Counsel Stack

Bluebook (online)
142 N.E.2d 201, 2 N.Y.2d 624, 162 N.Y.S.2d 23, 1957 N.Y. LEXIS 1069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drew-v-state-liquor-authority-ny-1957.