Pasta Chef, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Pasta Chef, Inc. v. State Liquor Authority

47 A.D.2d 713, 364 N.Y.S.2d 638, 1975 N.Y. App. Div. LEXIS 8960

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 1975·Published·Cited by 1 cases

Opinion

Order unanimously affirmed, without costs. Memorandum: In this article 78 proceeding petitioner appeals from an order which denied, after reargument, its application to examine before trial two of respondent’s commissioners. The motion was brought pursuant to CPLR 3102 (subd. [f]). It should have been brought pursuant to CPLR 408 since this is a special proceeding and not an action. In either event the trial court properly exercised its discretion in denying disclosure and we affirm its order. (Appeal from order of Monroe Special Term in article 78 proceeding to review denial of license.) Present — Moule, J. P., Simons, Mahoney, Goldman and Witmer, JJ.

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Order unanimously affirmed, without costs. Memorandum: In this article 78 proceeding petitioner appeals from an order which denied, after reargument, its application to examine before trial two of respondent’s commissioners. The motion was brought pursuant to CPLR 3102 (subd. [f]). It should have been brought pursuant to CPLR 408 since this is a special proceeding and not an action. In either event the trial court properly exercised its discretion in denying disclosure and we affirm its order. (Appeal from order of Monroe Special Term in article 78 proceeding to review denial of license.) Present — Moule, J. P., Simons, Mahoney, Goldman and Witmer, JJ.

Pasta Chef, Inc. v. State Liquor Authority, 47 A.D.2d 713, 364 N.Y.S.2d 638, 1975 N.Y. App. Div. LEXIS 8960 (N.Y. Ct. App. 1975).

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47 A.D.2d 713 (Pasta Chef, Inc. v. State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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