Rice v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Rice v. State Liquor Authority

52 A.D.2d 625, 382 N.Y.S.2d 466, 1976 N.Y. App. Div. LEXIS 12259

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

DecidedApril 19, 1976

StatusPublished

This text of 52 A.D.2d 625 (Rice v. 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

Rice v. State Liquor Authority, 52 A.D.2d 625, 382 N.Y.S.2d 466, 1976 N.Y. App. Div. LEXIS 12259 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a judgment of the Supreme Court, Westchester County, entered January 16, 1976, which (1) annulled the determination of the appellant State Liquor Authority, dated October 29, 1975 and made after a hearing, and (2) directed the issuance of a special on-premises liquor license to petitioner. Judgment reversed, on the law, without costs or disbursements, determination confirmed and proceeding dismissed on the merits. No fact findings were presented for review. The authority’s determination has a rational basis. In view of the history of the premises in question, there is a rational basis—based upon the proposed method of operation, the inexperience of petitioner and the limited supervision which he can provide—for the authority’s determination. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

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Appeal from a judgment of the Supreme Court, Westchester County, entered January 16, 1976, which (1) annulled the determination of the appellant State Liquor Authority, dated October 29, 1975 and made after a hearing, and (2) directed the issuance of a special on-premises liquor license to petitioner. Judgment reversed, on the law, without costs or disbursements, determination confirmed and proceeding dismissed on the merits. No fact findings were presented for review. The authority’s determination has a rational basis. In view of the history of the premises in question, there is a rational basis—based upon the proposed method of operation, the inexperience of petitioner and the limited supervision which he can provide—for the authority’s determination. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

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Bluebook (online)

52 A.D.2d 625, 382 N.Y.S.2d 466, 1976 N.Y. App. Div. LEXIS 12259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-state-liquor-authority-nyappdiv-1976.