Waxenberg v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Waxenberg v. New York State Liquor Authority

40 A.D.2d 869, 337 N.Y.S.2d 973, 1972 N.Y. App. Div. LEXIS 3301

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

DecidedNovember 27, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 869 (Waxenberg 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

Waxenberg v. New York State Liquor Authority, 40 A.D.2d 869, 337 N.Y.S.2d 973, 1972 N.Y. App. Div. LEXIS 3301 (N.Y. Ct. App. 1972).

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Opinion

Proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated March 16, 1972, which, after a hearing, suspended petitioner’s retail liquor store license for 10 days, with the suspension temporarily deferred. Petition granted and determination annulled, on the law, without costs, and matter remitted to respondent for a new hearing and further proceedings not inconsistent with the views set forth herein. Petitioner was charged with having sold liquor to a minor actually or apparently under the age of 18 years, in violation of section 65 of the Alcoholic Beverage Control Law. In a bill of particulars furnished to petitioner, respondent named one Kevin Minogue as the minor to whom the liquor had been sold. At the hearing, respondent sought to prove that the sale had been made to one Dennis Lipps. Minogue did not testify and no attempt was made by respondent to amend its bill of particulars. In our opinion, respondent was bound by its bill of particulars until amended. A new hearing is therefore required. Hopkins, Acting P. J., Munder, Shapiro, Gulotta and Benjamin, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated March 16, 1972, which, after a hearing, suspended petitioner’s retail liquor store license for 10 days, with the suspension temporarily deferred. Petition granted and determination annulled, on the law, without costs, and matter remitted to respondent for a new hearing and further proceedings not inconsistent with the views set forth herein. Petitioner was charged with having sold liquor to a minor actually or apparently under the age of 18 years, in violation of section 65 of the Alcoholic Beverage Control Law. In a bill of particulars furnished to petitioner, respondent named one Kevin Minogue as the minor to whom the liquor had been sold. At the hearing, respondent sought to prove that the sale had been made to one Dennis Lipps. Minogue did not testify and no attempt was made by respondent to amend its bill of particulars. In our opinion, respondent was bound by its bill of particulars until amended. A new hearing is therefore required. Hopkins, Acting P. J., Munder, Shapiro, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 869, 337 N.Y.S.2d 973, 1972 N.Y. App. Div. LEXIS 3301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waxenberg-v-new-york-state-liquor-authority-nyappdiv-1972.

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