Monachino v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Monachino v. New York State Liquor Authority

6 A.D.2d 1023, 178 N.Y.S.2d 217, 1958 N.Y. App. Div. LEXIS 4870

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

DecidedSeptember 22, 1958

StatusPublished

This text of 6 A.D.2d 1023 (Monachino 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

Monachino v. New York State Liquor Authority, 6 A.D.2d 1023, 178 N.Y.S.2d 217, 1958 N.Y. App. Div. LEXIS 4870 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order reversed on the law, without costs, and motion denied, without costs. Memorandum: This is a proceeding under article 78 of the Civil Practice Act to review the refusal of the State Liquor Authority to renew petitioners’ wholesale beer license. The order appealed from stays the Authority from interfering with the operation of petitioners’ business until the determination in said review proceeding and directs the issuance of such license “ subject to the determination of the pending proceedings to review said Authority’s action herein.” There is no authority in law for such an order and [1024]*1024it must be reversed. All concur. (Appeal from an order of Monroe Special Term directing the State Liquor Authority to issue a temporary wholesale beer license to petitioner and staying the Authority from interfering with petitioners’ lawful operation of their business until determination and review of the proceedings.) Present — Kimball, J. P., Williams, Bastow, Goldman and Halpern, JJ.

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Order reversed on the law, without costs, and motion denied, without costs. Memorandum: This is a proceeding under article 78 of the Civil Practice Act to review the refusal of the State Liquor Authority to renew petitioners’ wholesale beer license. The order appealed from stays the Authority from interfering with the operation of petitioners’ business until the determination in said review proceeding and directs the issuance of such license “ subject to the determination of the pending proceedings to review said Authority’s action herein.” There is no authority in law for such an order and [1024]*1024it must be reversed. All concur. (Appeal from an order of Monroe Special Term directing the State Liquor Authority to issue a temporary wholesale beer license to petitioner and staying the Authority from interfering with petitioners’ lawful operation of their business until determination and review of the proceedings.) Present — Kimball, J. P., Williams, Bastow, Goldman and Halpern, JJ.

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Bluebook (online)

6 A.D.2d 1023, 178 N.Y.S.2d 217, 1958 N.Y. App. Div. LEXIS 4870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monachino-v-new-york-state-liquor-authority-nyappdiv-1958.