Legal Opinion

Lynch's Builders Restaurant, Inc. v. O'Connell

New York Court of Appeals

Decided January 24, 1952PublishedCited by 27 opinions

1Per curiam

In a proceeding brought under article 78 of the Civil Practice Act to review a determination of an administrative agency, it is sufficient that the record contain “ substantial evidence ” to support it. (See, e.g., Matter of Humphrey v. State Ins. Fund, 298 N. Y. 327, 331-332; Matter of Miller v. Kling, 291 N. Y. 65, 69.) In the case before us, ample proof was adduced before the State Liquor Authority — and it was not rendered less effective or less probative because the criminal charge based upon some of it had been dismissed in a magistrate’s court (see Matter of Cohen v. Board of Regents,…

2Cases cited6 opinions

  1. Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
  2. Avon Bar & Grill, Inc. v. O'ConnellNew York Court of Appeals · 1950
  3. Matter of Miller v. KlingNew York Court of Appeals · 1943
  4. Matter of Humphrey v. State Ins. FundNew York Court of Appeals · 1949
  5. Cohen v. Board of RegentsAppellate Division of the Supreme Court of the State of New York · 1948

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Reed v. State of New YorkNew York Court of Appeals · 1991
  2. Harry Warren and Stephen Nanna v. Edward Byrne and John GuldiCourt of Appeals for the Second Circuit · 1983
  3. L. A. Grant Realty, Inc. v. CuomoAppellate Division of the Supreme Court of the State of New York · 1977
  4. One Eleven Wines & Liquors, Inc. v. Division of Alcoholic Beverage ControlSupreme Court of New Jersey · 1967
  5. Quan v. Washington State Liquor Control BoardWashington Supreme Court · 1966

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