Esposito v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Esposito v. State Liquor Authority

267 A.D. 755, 45 N.Y.S.2d 925, 1943 N.Y. App. Div. LEXIS 6064

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

DecidedDecember 10, 1943

StatusPublished

Cited by1 cases

This text of 267 A.D. 755 (Esposito v. 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

Esposito v. State Liquor Authority, 267 A.D. 755, 45 N.Y.S.2d 925, 1943 N.Y. App. Div. LEXIS 6064 (N.Y. Ct. App. 1943).

Pincite

Opinion

We find no provision of the Alcoholic Beverage Control Law which required the licensee to deliver wine which he had sold at retail to a purchaser’s home. Consequently specifications 1 and 2 should not have been used by the State Liquor Authority 'as a basis of revocation. However, we are of the opinion that there is sufficient evidence in the record to sustain specifications numbered 3 and 4. In that respect the determination of the State Liquor Authority should he confirmed and the proceeding dismissed. Determination unanimously confirmed, with fifty dollars costs and disbursements and the proceeding dismissed. Present — Townley, Glennon, Untermyer, Cohn and Callahan, JJ.

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We find no provision of the Alcoholic Beverage Control Law which required the licensee to deliver wine which he had sold at retail to a purchaser’s home. Consequently specifications 1 and 2 should not have been used by the State Liquor Authority 'as a basis of revocation. However, we are of the opinion that there is sufficient evidence in the record to sustain specifications numbered 3 and 4. In that respect the determination of the State Liquor Authority should he confirmed and the proceeding dismissed. Determination unanimously confirmed, with fifty dollars costs and disbursements and the proceeding dismissed. Present — Townley, Glennon, Untermyer, Cohn and Callahan, JJ.

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Bluebook (online)

267 A.D. 755, 45 N.Y.S.2d 925, 1943 N.Y. App. Div. LEXIS 6064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esposito-v-state-liquor-authority-nyappdiv-1943.

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