Wethree Restaurant, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Wethree Restaurant, Inc. v. State Liquor Authority

13 A.D.2d 704, 214 N.Y.S.2d 95, 1961 N.Y. App. Div. LEXIS 11298

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

DecidedApril 24, 1961

StatusPublished

This text of 13 A.D.2d 704 (Wethree Restaurant, Inc. v. 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

Wethree Restaurant, Inc. v. State Liquor Authority, 13 A.D.2d 704, 214 N.Y.S.2d 95, 1961 N.Y. App. Div. LEXIS 11298 (N.Y. Ct. App. 1961).

Pincite

Opinion

Proceeding under article 78 of the Civil Practice Act, to review the determination and order of the State Liquor Authority for the recall and cancellation of petitioner’s restaurant liquor license, and for the disapproval of petitioner’s renewal application. By order of the Supreme Court, Queens County, dated July 6, 1960, made pursuant to section 1296 of the Civil Practice Act, the proceeding w.as transferred to this court for disposition. Pending the hearings which resulted in the subject determination, the license was renewed without prejudice to the Liquor Authority’s right to cancel the renewal after the hearings. Determination confirmed and petition dismissed, without costs. It cannot be said, on this record, that there was no possible scope for the exercise of discretion by the Liquor Authority, in making the determination. The determination must, therefore, be judicially confirmed (Matter of Wager v. State Liq. Auth., 4 N Y 2d 465; Matter of Gambino v. State Liq. Auth., 4 A D 8d 37, affd. 4 N Y 2d 997). Ughetta, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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Proceeding under article 78 of the Civil Practice Act, to review the determination and order of the State Liquor Authority for the recall and cancellation of petitioner’s restaurant liquor license, and for the disapproval of petitioner’s renewal application. By order of the Supreme Court, Queens County, dated July 6, 1960, made pursuant to section 1296 of the Civil Practice Act, the proceeding w.as transferred to this court for disposition. Pending the hearings which resulted in the subject determination, the license was renewed without prejudice to the Liquor Authority’s right to cancel the renewal after the hearings. Determination confirmed and petition dismissed, without costs. It cannot be said, on this record, that there was no possible scope for the exercise of discretion by the Liquor Authority, in making the determination. The determination must, therefore, be judicially confirmed (Matter of Wager v. State Liq. Auth., 4 N Y 2d 465; Matter of Gambino v. State Liq. Auth., 4 A D 8d 37, affd. 4 N Y 2d 997). Ughetta, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 704, 214 N.Y.S.2d 95, 1961 N.Y. App. Div. LEXIS 11298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wethree-restaurant-inc-v-state-liquor-authority-nyappdiv-1961.