MATTER OF JDH REST., INC. v. New York State Liquor Auth.

New York Court of Appeals

MATTER OF JDH REST., INC. v. New York State Liquor Auth.

236 N.E.2d 159, 21 N.Y.2d 846, 288 N.Y.S.2d 1003, 1968 N.Y. LEXIS 1592

New York Court of Appeals·Decided February 22, 1968·Published·Cited by 1 cases

Opinion

Order affirmed, with costs, in the following memorandum: Because a cancellation rather than a revocation of license is involved petitioner is now presumably entitled to apply for a new license (see Alcoholic Beverage Control Law, § 126, subd. 5). Should such application be made the Authority would, of course, be entitled to consider petitioner’s misguided reliance on the absence of specific legislative prohibitions at the time of the practices condemned by it and to weigh the sincerity of petitioner’s protestations that it is prepared to abide by the applicable law.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

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Order affirmed, with costs, in the following memorandum: Because a cancellation rather than a revocation of license is involved petitioner is now presumably entitled to apply for a new license (see Alcoholic Beverage Control Law, § 126, subd. 5). Should such application be made the Authority would, of course, be entitled to consider petitioner’s misguided reliance on the absence of specific legislative prohibitions at the time of the practices condemned by it and to weigh the sincerity of petitioner’s protestations that it is prepared to abide by the applicable law.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

MATTER OF JDH REST., INC. v. New York State Liquor Auth., 236 N.E.2d 159, 21 N.Y.2d 846, 288 N.Y.S.2d 1003, 1968 N.Y. LEXIS 1592 (N.Y. 1968).

Pincite

236 N.E.2d 159 (MATTER OF JDH REST., INC. v. New York State Liquor Auth.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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