Southland Corp. v. New York State Liquor Authority

OPINION OF THE COURT

Carro, J.

Every so often, inflexible statutes enacted by the Legislature constrain administrative agencies and Judges to reach results that may be viewed as harsh and unjust. This case is an example.

The statute in question is Alcoholic Beverage Control Law § 126, which provides as here pertinent:

"The following are forbidden to traffic in alcoholic beverages:

"1. A person who has been convicted of a felony * * * unless subsequent to such conviction such person shall have received an executive pardon therefor removing this disability or a certificate of good conduct granted by…