Legal Opinion
Rotunno v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
The principal issue presented on this appeal is whether the New York State Liquor Authority (SLA) exceeded its powers in promulgating Official Compilation of Codes, Rules and Regulations of the State of New York, title 9, § 100.1 (c) (9 NYCRR 100.1 [c]). We hold that it did, and that the regulation is unenforceable against these plaintiffs.
Alcoholic Beverage Control Law § 128 was originally enacted in 1934 (L 1934, ch 478). In relevant part, it provides that it shall be unlawful for police officials and police officers "to be either directly or indirectly…
2Cases cited5 opinions
- Jones v. BermanNew York Court of Appeals · 1975
- Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
- Darweger v. StaatsNew York Court of Appeals · 1935
- Bates v. ToiaNew York Court of Appeals · 1978
- State Division of Human Rights v. Genesee HospitalNew York Court of Appeals · 1980
3Cited by9 opinions
- Connell v. SignoracciCourt of Appeals for the Second Circuit · 1998
- Connell v. SignoracciCourt of Appeals for the Second Circuit · 1998
- Beer Garden, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1992
- Rotunno v. City of RochesterNew York Court of Appeals · 1988
- In re 47 Ave. B. East Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
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