Mercurio v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Mercurio v. New York State Liquor Authority

70 A.D.2d 953, 417 N.Y.S.2d 772, 1979 N.Y. App. Div. LEXIS 12580

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

DecidedJune 25, 1979

StatusPublished

This text of 70 A.D.2d 953 (Mercurio 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.

Bluebook

Mercurio v. New York State Liquor Authority, 70 A.D.2d 953, 417 N.Y.S.2d 772, 1979 N.Y. App. Div. LEXIS 12580 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated November 27, 1978, which disapproved petitioner’s application for a special on-premises liquor license. Determination annulled, on the law, without costs or disbursements, petition granted and the respondent is directed to issue the license forthwith. The respondent disapproved the petitioner’s application for a special on-premises liquor license because it found that, despite the assertions of petitioner and her husband, the petitioner was not the sole party in interest in the premises for which the license is sought. However, nothing in the record controverts the sworn statements of petitioner and her husband that he has no connection with the bar and grill in question and that he will have no role in it in the future. It is apparent that respondent has disapproved the application because of the record of petitioner’s spouse. But such reliance on suspicion alone is an insufficient reason to deny an application for a liquor license. The determination should therefore be annulled and the license granted. Suozzi, J. P., Lazer, Cohalan and Martuscello, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated November 27, 1978, which disapproved petitioner’s application for a special on-premises liquor license. Determination annulled, on the law, without costs or disbursements, petition granted and the respondent is directed to issue the license forthwith. The respondent disapproved the petitioner’s application for a special on-premises liquor license because it found that, despite the assertions of petitioner and her husband, the petitioner was not the sole party in interest in the premises for which the license is sought. However, nothing in the record controverts the sworn statements of petitioner and her husband that he has no connection with the bar and grill in question and that he will have no role in it in the future. It is apparent that respondent has disapproved the application because of the record of petitioner’s spouse. But such reliance on suspicion alone is an insufficient reason to deny an application for a liquor license. The determination should therefore be annulled and the license granted. Suozzi, J. P., Lazer, Cohalan and Martuscello, JJ., concur.

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Bluebook (online)

70 A.D.2d 953, 417 N.Y.S.2d 772, 1979 N.Y. App. Div. LEXIS 12580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercurio-v-new-york-state-liquor-authority-nyappdiv-1979.