Pichacz v. O'Connell

Appellate Division of the Supreme Court of New York

Pichacz v. O'Connell

272 A.D.2d 755

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

DecidedApril 3, 1947

StatusPublished

This text of 272 A.D.2d 755 (Pichacz 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

Pichacz v. O'Connell, 272 A.D.2d 755 (N.Y. Ct. App. 1947).

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Opinion

The State Liquor Authority is vested by statute with discretionary power. Whether there has been an abuse of discretion by arbitrary and capricious action is a question of law which should be determined by the court upon the facts of the particular case. The record before us contains sufficient undisputed facts upon which the authority could reasonably determine that the issuance of a license to petitioners would not serve the public interest. Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to the appellants, and the petition dismissed. Settle order on notice. Present — Martin, P. J., Glennoü, Dore, Cohn and Van Voorhis, JJ.

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The State Liquor Authority is vested by statute with discretionary power. Whether there has been an abuse of discretion by arbitrary and capricious action is a question of law which should be determined by the court upon the facts of the particular case. The record before us contains sufficient undisputed facts upon which the authority could reasonably determine that the issuance of a license to petitioners would not serve the public interest. Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to the appellants, and the petition dismissed. Settle order on notice. Present — Martin, P. J., Glennoü, Dore, Cohn and Van Voorhis, JJ.

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Bluebook (online)

272 A.D.2d 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pichacz-v-oconnell-nyappdiv-1947.