Lenward Liquor Corp. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Lenward Liquor Corp. v. New York State Liquor Authority

19 A.D.2d 612, 241 N.Y.S.2d 11, 1963 N.Y. App. Div. LEXIS 3524

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

DecidedJune 25, 1963

StatusPublished

Cited by1 cases

This text of 19 A.D.2d 612 (Lenward Liquor Corp. 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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Lenward Liquor Corp. v. New York State Liquor Authority, 19 A.D.2d 612, 241 N.Y.S.2d 11, 1963 N.Y. App. Div. LEXIS 3524 (N.Y. Ct. App. 1963).

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Opinion

Order entered on February 19, 1963 granting petitioner’s motion and directing the respondent Authority to approve the removal application unanimously reversed, on the law, and petition dismissed, without costs. Merely 'because the petitioner could not profitably [613]*613conduct Ms business at the licensed premises is no ground for mandating a transfer to some other location. To obtain permission for the removal of a package store it must appear that the public convenience and advantage will be promoted by the removal to the new location from the old location. The Authority found that “ public convenience and advantage will not be served or promoted by the approval of this petition.” We cannot say that there is insufficient in the record to sustain such a finding. The record does not establish that the respondent acted in an arbitrary or capricious manner, and only upon such finding can the court annul its determination. Furthermore, upon an application to remove to a new location there is a certain degree of discretion vested in the respondent Authority. We cannot say that such discretion was abused. Concur — Botein, P. J., Breitel, Rabin, McNally and Stevens, JJ.

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Order entered on February 19, 1963 granting petitioner’s motion and directing the respondent Authority to approve the removal application unanimously reversed, on the law, and petition dismissed, without costs. Merely 'because the petitioner could not profitably [613]*613conduct Ms business at the licensed premises is no ground for mandating a transfer to some other location. To obtain permission for the removal of a package store it must appear that the public convenience and advantage will be promoted by the removal to the new location from the old location. The Authority found that “ public convenience and advantage will not be served or promoted by the approval of this petition.” We cannot say that there is insufficient in the record to sustain such a finding. The record does not establish that the respondent acted in an arbitrary or capricious manner, and only upon such finding can the court annul its determination. Furthermore, upon an application to remove to a new location there is a certain degree of discretion vested in the respondent Authority. We cannot say that such discretion was abused. Concur — Botein, P. J., Breitel, Rabin, McNally and Stevens, JJ.

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19 A.D.2d 612, 241 N.Y.S.2d 11, 1963 N.Y. App. Div. LEXIS 3524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenward-liquor-corp-v-new-york-state-liquor-authority-nyappdiv-1963.

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