Vancouver Drive Restaurant, Inc. v. Board of Trustees

Appellate Division of the Supreme Court of New York

Vancouver Drive Restaurant, Inc. v. Board of Trustees

41 A.D.2d 850, 342 N.Y.S.2d 821, 1973 N.Y. App. Div. LEXIS 4650

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

DecidedApril 23, 1973

StatusPublished

This text of 41 A.D.2d 850 (Vancouver Drive Restaurant, Inc. v. Board of Trustees) 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

Vancouver Drive Restaurant, Inc. v. Board of Trustees, 41 A.D.2d 850, 342 N.Y.S.2d 821, 1973 N.Y. App. Div. LEXIS 4650 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a proceeding to compel issuance of a cabaret license, the appeal is from a judgment of the Supreme Court, Nassau County, entered October 6, 1972, which granted the application. Judgment reversed, on the law, with $20 costs and disbursements, and proceeding dismissed on the merits. In December of 1969 this matter was considered by Mr. Justice Smith at Special Term in Nassau County. At that time, Mr. Justice Smith supported appellant in denying a cabaret license on the premises in question. We find no material difference in the status of the situation in 1972 when the instant proceeding was instituted. No appeal was taken from the determination by Mr. Justice Smith. Hopkins, Acting P. J., Martuscello, Gulotta and Brennan, JJ., concur; Munder, J., dissents and votes to affirm.

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In a proceeding to compel issuance of a cabaret license, the appeal is from a judgment of the Supreme Court, Nassau County, entered October 6, 1972, which granted the application. Judgment reversed, on the law, with $20 costs and disbursements, and proceeding dismissed on the merits. In December of 1969 this matter was considered by Mr. Justice Smith at Special Term in Nassau County. At that time, Mr. Justice Smith supported appellant in denying a cabaret license on the premises in question. We find no material difference in the status of the situation in 1972 when the instant proceeding was instituted. No appeal was taken from the determination by Mr. Justice Smith. Hopkins, Acting P. J., Martuscello, Gulotta and Brennan, JJ., concur; Munder, J., dissents and votes to affirm.

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Bluebook (online)

41 A.D.2d 850, 342 N.Y.S.2d 821, 1973 N.Y. App. Div. LEXIS 4650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vancouver-drive-restaurant-inc-v-board-of-trustees-nyappdiv-1973.