McKeon v. O'Connell

Appellate Division of the Supreme Court of New York

McKeon v. O'Connell

271 A.D.2d 897

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

DecidedDecember 23, 1946

StatusPublished

This text of 271 A.D.2d 897 (McKeon v. O'Connell) 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

McKeon v. O'Connell, 271 A.D.2d 897 (N.Y. Ct. App. 1946).

Pincite

Opinion

In a proceeding under article 78 of the Civil Practice Act, final order annulling the determination of the State Liquor Authority, which determination is a refusal of a retail wine and liquor license to respondent, and directing issuance of a license, reversed on the law and the facts, without costs, and the determination of the State Liquor Authority confirmed, without costs. The court may not substitute its judgment for that of the authority, to whom the power to pass on the matter is given by statute. Lewis, P. J., Carswell and Johnston, JJ., concur; Hagarty and Adel, JJ., dissent and vote to affirm.

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In a proceeding under article 78 of the Civil Practice Act, final order annulling the determination of the State Liquor Authority, which determination is a refusal of a retail wine and liquor license to respondent, and directing issuance of a license, reversed on the law and the facts, without costs, and the determination of the State Liquor Authority confirmed, without costs. The court may not substitute its judgment for that of the authority, to whom the power to pass on the matter is given by statute. Lewis, P. J., Carswell and Johnston, JJ., concur; Hagarty and Adel, JJ., dissent and vote to affirm.

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Bluebook (online)

271 A.D.2d 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckeon-v-oconnell-nyappdiv-1946.