Erin Wine & Liquor Store, Inc. v. O'Connell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
In this article 78 proceeding petitioner, a package store licensee, seeks to annul a determination by the State Liquor Authority that it has violated the provisions of law forbidding sales of alcoholic beverages to a minor. The issue is whether there was substantial evidence to support the determination. We find that there was none.
Two youths, one three weeks under eighteen years of age, the critical age limit under the law (Alcoholic Beverage Control Law, § 65), and the other, over eighteen years of age, on May 28th entered licensee’s premises. Two bottles of liquor were purchased and the…
2Cases cited9 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
- White v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1917
- Matter of Radigan v. O'ConnellNew York Court of Appeals · 1952
- Ford v. . McAdooNew York Court of Appeals · 1921
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Sherman v. RobinsonNew York Court of Appeals · 1992
- Rinaldi & Sons, Inc. v. Wells Fargo Alarm Service, Inc.New York Court of Appeals · 1976
- People v. SantanaAppellate Division of the Supreme Court of the State of New York · 1981
- Patricia Ann Cottage Pub, Inc. v. MermelsteinAppellate Division of the Supreme Court of the State of New York · 2007
17 more not listed; retrieve them via the Exa API.