Legal Opinion · Dissent

Integrated Beverage Group Ltd. v. New York State Liquor Authority

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

Decided January 10, 2006Published

1Dissent

Catterson, J. (dissenting).

Because I believe that the State Liquor Authority (hereinafter referred to as SLA) exceeded the discretion given to it by section 107-a (2) of the Alcoholic Beverage Control Law, I respectfully dissent.

The petitioner applied for three different registrations for “Passion Cocktail,” “Cherry Fusion,” and “Lemon Stinger.” The product in question is an alcoholic beverage that is intended to be frozen prior to consumption. The proposed label indicated that the product contains alcohol, it included the ubiquitous government warnings concerning dangers associated with…

2Cases cited7 opinions

  1. Circus Disco Ltd. v. New York State Liquor AuthorityNew York Court of Appeals · 1980
  2. Cabo Distributing Co., Inc. v. BradyDistrict Court, N.D. California · 1992
  3. Sled Hill Cafe, Inc. v. HostetterNew York Court of Appeals · 1968
  4. Matty's Rest. Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1964
  5. MATTER OF MATTY'S REST. INC. v. New York State Liquor Auth.New York Court of Appeals · 1964

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