Legal Opinion

MATTER OF BENJAMIN v. State Liq. Auth.

New York Court of Appeals

Decided November 27, 1963PublishedCited by 6 opinions

1Opinion of the CourtFoster, J.

The question posed by these appeals is whether section 118 of the Alcoholic Beverage Control Laxv constitutes a limitation on the jurisdiction of the Authority which cannot be waived by stipulation.

The facts involved are not disputed. Petitioners are operators of taverns in Maine and Johnson City, New York, respectively. Both had liquor licenses for the periods October 1, 1958 to September 30, 1959, and October 1, 1959 to September 30, 1960. When petitioners’ licenses came up for possible renewal in 1960, the State Liquor Authority had some reasons to believe that petitioners had violated the…

2Cases cited2 opinions

  1. Matter of Colonial Liquor Distributors v. O'ConnellNew York Court of Appeals · 1946
  2. Maksik v. O'ConnellNew York Court of Appeals · 1950

3Cited by6 opinions

  1. City of Bridgeport v. DebekSupreme Court of Connecticut · 1989
  2. Diamond National Corp. v. DwelleSupreme Court of Connecticut · 1973
  3. Connecticut Steel Co. v. National Amusements, Inc.Supreme Court of Connecticut · 1974
  4. Pepper & Salt Tavern, Inc. v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
  5. Rockaway One Co. v. WigginsAppellate Terms of the Supreme Court of New York · 2004

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