Stefan's Taverns, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Stefan's Taverns, Inc. v. New York State Liquor Authority

25 A.D.2d 824, 269 N.Y.S.2d 670, 1966 N.Y. App. Div. LEXIS 4285

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

DecidedMay 10, 1966

StatusPublished

Cited by1 cases

This text of 25 A.D.2d 824 (Stefan's Taverns, Inc. v. New York 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

Stefan's Taverns, Inc. v. New York State Liquor Authority, 25 A.D.2d 824, 269 N.Y.S.2d 670, 1966 N.Y. App. Div. LEXIS 4285 (N.Y. Ct. App. 1966).

Pincite

Opinion

Determination of the State Liquor Authority disapproving petitioner’s application for a restaurant liquor license, unanimously annulled, on the law, with $50 costs and disbursement to petitioner, and the Authority is directed to issue the license. We can find no rational basis in this record for the Authority’s action. Since there is no connection between petitioner and the prior licensee, the latter’s abandonment of the premises is an irrelevant factor. The employment record of petitioner’s vice-president, Mishkal, who is to devote full time to the conduct of the business, shows extensive experience as a waiter and bartender in a variety of establishments; and there is no evidence from which it can be inferred that the premises will not be operated as a bona fide restaurant under his supervision (see Matter of 135 Restaurant Corp. v. State Liq. Auth., 25 A D 2d 651). That premises are not already open and operating as a restaurant is not a bar to the granting of a license (Matter of Rochester Colony v. Hostetter, 19 A D 2d 250; Matter of Tortora v. New York State Liq. Auth., 24 A D 2d 1019). Settle order on notice.

Concur — Botein, P. J., Rabin, McNally and Steuer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Determination of the State Liquor Authority disapproving petitioner’s application for a restaurant liquor license, unanimously annulled, on the law, with $50 costs and disbursement to petitioner, and the Authority is directed to issue the license. We can find no rational basis in this record for the Authority’s action. Since there is no connection between petitioner and the prior licensee, the latter’s abandonment of the premises is an irrelevant factor. The employment record of petitioner’s vice-president, Mishkal, who is to devote full time to the conduct of the business, shows extensive experience as a waiter and bartender in a variety of establishments; and there is no evidence from which it can be inferred that the premises will not be operated as a bona fide restaurant under his supervision (see Matter of 135 Restaurant Corp. v. State Liq. Auth., 25 A D 2d 651). That premises are not already open and operating as a restaurant is not a bar to the granting of a license (Matter of Rochester Colony v. Hostetter, 19 A D 2d 250; Matter of Tortora v. New York State Liq. Auth., 24 A D 2d 1019). Settle order on notice.

Concur — Botein, P. J., Rabin, McNally and Steuer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

25 A.D.2d 824, 269 N.Y.S.2d 670, 1966 N.Y. App. Div. LEXIS 4285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stefans-taverns-inc-v-new-york-state-liquor-authority-nyappdiv-1966.

Opinion

Related

Cite This Page — Counsel Stack