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Fraccola v. State

35 Misc. 2d 74, 229 N.Y.S.2d 784, 1962 N.Y. Misc. LEXIS 2999
CourtNew York Court of Claims
DecidedJune 29, 1962
DocketClaim No. 39976
StatusPublished
Cited by4 cases

This text of 35 Misc. 2d 74 (Fraccola v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fraccola v. State, 35 Misc. 2d 74, 229 N.Y.S.2d 784, 1962 N.Y. Misc. LEXIS 2999 (N.Y. Super. Ct. 1962).

Opinion

Sidney Squire, J.

The defendant’s motion to dismiss this claim, pursuant to rule 106 of the Buies of Civil Practice, because claimant’s pleading does not state facts sufficient to constitute an action against the State, is granted.

In effect, claimant seeks to have the State respond in money damages for alleged improper acts of the chairman of the State Liquor Authority, its members and employees, culminating in the revocation of claimant’s retail restaurant liquor license, the refusal to issue a new license for a subsequent period and failure to return his $800 license fee. Claimant’s proper remedy was to proceed in accordance with article 78 of the Civil Practice Act, to review the actions of said Authority. This claim is dismissed.

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Related

McMillian v. State
267 A.D.2d 78 (Appellate Division of the Supreme Court of New York, 1999)
Theodore Barry & Associates v. State
155 Misc. 2d 243 (New York State Court of Claims, 1992)
Duesler v. Trebby
137 Misc. 2d 88 (New York Supreme Court, 1987)
Speare v. State
42 Misc. 2d 304 (New York State Court of Claims, 1964)

Cite This Page — Counsel Stack

Bluebook (online)
35 Misc. 2d 74, 229 N.Y.S.2d 784, 1962 N.Y. Misc. LEXIS 2999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraccola-v-state-nyclaimsct-1962.