Winfield Flynn, Ltd. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York

Winfield Flynn, Ltd. v. New York State Liquor Authority

23 A.D.2d 745, 258 N.Y.S.2d 669, 1965 N.Y. App. Div. LEXIS 4392

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

DecidedApril 22, 1965

StatusPublished

This text of 23 A.D.2d 745 (Winfield Flynn, Ltd. 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

Winfield Flynn, Ltd. v. New York State Liquor Authority, 23 A.D.2d 745, 258 N.Y.S.2d 669, 1965 N.Y. App. Div. LEXIS 4392 (N.Y. Ct. App. 1965).

Pincite

Opinion

Determination of the New York State Liquor Authority dated October 9, 1964, suspending petitioner’s retail liquor license for 10 days, imposing payment of the penal sum of the bond filed and deferring the suspension for 12 months upon the payment of said sum, unanimously annulled, on the law, with $30 costs and disbursements to petitioner, on the ground that there is no substantial evidence of aiding or abetting a violation of subdivision .14 of rule 36 of the Rules of the State Liquor Authority in violation of subdivision 8 of said rule. Petitioner was [746]*746not charged with violations of subdivisions 8 and 9 of section 105 and section 111 of the Alcoholic Beverage Control Law, relied on for the first time on this appeal by respondent. There is no evidence of the transfer of a license in violation of section 111. Section 105 relates to the transportation of liquor in vehicles, whereas here involved is a single delivery by messenger. Concur — Breitel, J. P., Valente, McNally, Stevens and Eager, JJ.

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Determination of the New York State Liquor Authority dated October 9, 1964, suspending petitioner’s retail liquor license for 10 days, imposing payment of the penal sum of the bond filed and deferring the suspension for 12 months upon the payment of said sum, unanimously annulled, on the law, with $30 costs and disbursements to petitioner, on the ground that there is no substantial evidence of aiding or abetting a violation of subdivision .14 of rule 36 of the Rules of the State Liquor Authority in violation of subdivision 8 of said rule. Petitioner was [746]*746not charged with violations of subdivisions 8 and 9 of section 105 and section 111 of the Alcoholic Beverage Control Law, relied on for the first time on this appeal by respondent. There is no evidence of the transfer of a license in violation of section 111. Section 105 relates to the transportation of liquor in vehicles, whereas here involved is a single delivery by messenger. Concur — Breitel, J. P., Valente, McNally, Stevens and Eager, JJ.

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Bluebook (online)

23 A.D.2d 745, 258 N.Y.S.2d 669, 1965 N.Y. App. Div. LEXIS 4392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winfield-flynn-ltd-v-new-york-state-liquor-authority-nyappdiv-1965.