Roccaforte v. O'Connell

Appellate Division of the Supreme Court of New York

Roccaforte v. O'Connell

271 A.D.2d 831

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

DecidedNovember 12, 1946

StatusPublished

This text of 271 A.D.2d 831 (Roccaforte 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

Roccaforte v. O'Connell, 271 A.D.2d 831 (N.Y. Ct. App. 1946).

Pincite

Opinion

In a proceeding under article 78 of the Civil Practice Act final order annulling the determination of the State Liquor Authority, which determination is a refusal of a retail wine and liquor license to respondent, and directing the issuance of a license, reversed on the law and the facts, with $10 costs and disbursements, and the determination of the State Liquor Authority confirmed, without costs. On the facts in this record, it may not be held as a matter of law that the State Liquor Authority acted unreasonably, arbitrarily or in bad faith. The court may not substitute its judgment for that o'f the authority, to whom the power to pass on the matter is given by statute. Lewis, P. J., Hagarty, Carswell, Aldrich and Nolan, JJ., concur.

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In a proceeding under article 78 of the Civil Practice Act final order annulling the determination of the State Liquor Authority, which determination is a refusal of a retail wine and liquor license to respondent, and directing the issuance of a license, reversed on the law and the facts, with $10 costs and disbursements, and the determination of the State Liquor Authority confirmed, without costs. On the facts in this record, it may not be held as a matter of law that the State Liquor Authority acted unreasonably, arbitrarily or in bad faith. The court may not substitute its judgment for that o'f the authority, to whom the power to pass on the matter is given by statute. Lewis, P. J., Hagarty, Carswell, Aldrich and Nolan, JJ., concur.

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Bluebook (online)

271 A.D.2d 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roccaforte-v-oconnell-nyappdiv-1946.