Legal Opinion

Hayes v. New York State Liquor Authority

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

Decided October 26, 1972PublishedCited by 5 opinions

1Opinion of the CourtCardamone, J.

The State Liquor Authority (SLA) disapproved petitioner’s application for transfer of a special on-premises liquor license on November 10, 1970. An article 78 proceeding was brought by petitioner seeking review. Special Term confirmed the SLA determination and dismissed the petition. From this judgment, petitioner appeals.

In our view the Authority’s determination was arbitrary and capricious since it was without adequate factual support in the record and must, therefore, be annulled. The SLA’s grounds for disapproval of petitioner’s application appear to be based on findings that: (a) “ The…

2Cases cited1 opinion

  1. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940

3Cited by5 opinions

  1. Marra v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1983
  2. McGillicuddy's Tap House, Ltd. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  3. Albshaad, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  4. Haug v. State University of New York at PotsdamAppellate Division of the Supreme Court of the State of New York · 2017
  5. Haug v. State University of New York at PotsdamAppellate Division of the Supreme Court of the State of New York · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API