Rumors Disco, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Rumors Disco, Inc. v. New York State Liquor Authority

232 A.D.2d 421, 648 N.Y.S.2d 318, 1996 N.Y. App. Div. LEXIS 9855

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1996·Published·Cited by 7 cases

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Liquor Authority, dated March 18, 1994, which denied the petitioner’s application to renew its liquor license, the appeal is from a judgment of the Supreme Court, Rockland County (Bergerman, J.), dated November 14, 1994, which granted the petition and set aside the determination of the New York State Liquor Authority.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

When reviewing the exercise of discretion of the New York State Liquor Authority (hereinafter the Authority) in refusing to issue or renew a license, the inquiry of the court is strictly limited to whether the Authority acted arbitrarily or capriciously (see, Matter of Wager v State Liq. Auth., 4 NY2d 465). The record supports the Authority’s contention that it had a rational basis for its determination. Accordingly, the Authority’s determination is reinstated. O’Brien, J. P., Copertino, Pizzuto and Hart, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Liquor Authority, dated March 18, 1994, which denied the petitioner’s application to renew its liquor license, the appeal is from a judgment of the Supreme Court, Rockland County (Bergerman, J.), dated November 14, 1994, which granted the petition and set aside the determination of the New York State Liquor Authority.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

When reviewing the exercise of discretion of the New York State Liquor Authority (hereinafter the Authority) in refusing to issue or renew a license, the inquiry of the court is strictly limited to whether the Authority acted arbitrarily or capriciously (see, Matter of Wager v State Liq. Auth., 4 NY2d 465). The record supports the Authority’s contention that it had a rational basis for its determination. Accordingly, the Authority’s determination is reinstated. O’Brien, J. P., Copertino, Pizzuto and Hart, JJ., concur.

Rumors Disco, Inc. v. New York State Liquor Authority, 232 A.D.2d 421, 648 N.Y.S.2d 318, 1996 N.Y. App. Div. LEXIS 9855 (N.Y. Ct. App. 1996).

Pincite

232 A.D.2d 421 (Rumors Disco, Inc. v. New York State Liquor Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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