Stuart & Stuart, Inc. v. New York State Liquor Authority

The petitioners’ applications for restaurant liquor licenses, each more than 10 months old, miscarried. The respondent-appellant Authority failed to act upon the local board’s approval of the applications because it was engaged in a recall proceeding instituted in August, 1966 affecting the present licensee of the two premises. Mandamus does not lie in the circumstances to compel the respondent to approve the applications. (Matter of Wager v. State Liq. Auth., 4 N Y 2d 465.) For that matter, review cannot be had where the respondent has not acted and there is nothing in fact to review. (Bob’s…