Valenza v. State
New York Court of Claims
1DissentWilliam E. Fitzsimmons, J.
With the majority decision herein, as well as the reasons advanced in support thereof, I am not in accord.
If, as therein indicated, claimant was under obligation to literally conform with all statutory provisions and personally execute petition, then, necessarily, further discussion must prove unavailing.
Believing that section 127 of the Alcoholic Beverage Control Law is remedial in nature, I feel that it should be liberally construed. Against the background of facts herein we may then reach ‘ ‘ conclusions which are in the spirit though not within the letter of the text ” and, in…
Also in this document: Concurrence.
2Cases cited22 opinions
- People v. RyanNew York Court of Appeals · 1937
- People Ex Rel. New York City Omnibus Corp. v. MillerNew York Court of Appeals · 1939
- Ponsrok v. City of YonkersNew York Court of Appeals · 1930
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
- People v. . AbeelNew York Court of Appeals · 1905
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