Le Touret, Inc. v. State of New York Liquor Authority

Appellate Division of the Supreme Court of New York

Le Touret, Inc. v. State of New York Liquor Authority

39 A.D.2d 892, 333 N.Y.S.2d 724, 1972 N.Y. App. Div. LEXIS 4189

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

DecidedJune 27, 1972

StatusPublished

This text of 39 A.D.2d 892 (Le Touret, Inc. v. State of New York 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

Le Touret, Inc. v. State of New York Liquor Authority, 39 A.D.2d 892, 333 N.Y.S.2d 724, 1972 N.Y. App. Div. LEXIS 4189 (N.Y. Ct. App. 1972).

Pincite

Opinion

Determination of respondent State Liquor Authority, dated February 4, 1972, unanimously annulled, on the law, without costs and without disbursements, the petition granted, and respondent is directed to issue a restaurant liquor license to petitioner forthwith. Upon the entire record before us we conclude that respondent’s refusal to issue the requested license was an abuse of discretion. All of the relevant facts were disclosed and we find insufficient support for the finding that “the approval of this application would create a high degree of risk and hazard in the administration and enforcement of the Alcoholic Beverage Control Law”. Concur — Markewieh, J. P., Kupferman, Murphy, Tilzer and Capozzoli, JJ.

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Determination of respondent State Liquor Authority, dated February 4, 1972, unanimously annulled, on the law, without costs and without disbursements, the petition granted, and respondent is directed to issue a restaurant liquor license to petitioner forthwith. Upon the entire record before us we conclude that respondent’s refusal to issue the requested license was an abuse of discretion. All of the relevant facts were disclosed and we find insufficient support for the finding that “the approval of this application would create a high degree of risk and hazard in the administration and enforcement of the Alcoholic Beverage Control Law”. Concur — Markewieh, J. P., Kupferman, Murphy, Tilzer and Capozzoli, JJ.

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Bluebook (online)

39 A.D.2d 892, 333 N.Y.S.2d 724, 1972 N.Y. App. Div. LEXIS 4189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/le-touret-inc-v-state-of-new-york-liquor-authority-nyappdiv-1972.