Shalala v. O'Connell

Appellate Division of the Supreme Court of New York

Shalala v. O'Connell

268 A.D. 817, 50 N.Y.S.2d 184, 1944 N.Y. App. Div. LEXIS 3601

Appellate Division of the Supreme Court of the State of New York·Decided June 28, 1944·Published

Opinion

Determination confirmed, with fifty dollars costs and disbursements. All concur, except Dowling, J., who dissents and votes for annulling the determination in the following memorandum: The findings and [818] determination of the Authority are not supported by any substantial evidence as required by section 1296 of the Civil Practice Act. The determination, therefore, should be annulled and the proceedings should be dismissed. (Matter of Konopka v. Bruckman, 290 N. Y. 777; People v. Rankin, 92 Misc. 62, 75.) (Proceeding to review the determination of the State Liquor Authority which revoked petitioners’ restaurant liquor license.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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Determination confirmed, with fifty dollars costs and disbursements. All concur, except Dowling, J., who dissents and votes for annulling the determination in the following memorandum: The findings and [818] determination of the Authority are not supported by any substantial evidence as required by section 1296 of the Civil Practice Act. The determination, therefore, should be annulled and the proceedings should be dismissed. (Matter of Konopka v. Bruckman, 290 N. Y. 777; People v. Rankin, 92 Misc. 62, 75.) (Proceeding to review the determination of the State Liquor Authority which revoked petitioners’ restaurant liquor license.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.

Shalala v. O'Connell, 268 A.D. 817, 50 N.Y.S.2d 184, 1944 N.Y. App. Div. LEXIS 3601 (N.Y. Ct. App. 1944).

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