Legal Opinion
Mancini v. McLaughlin
New York Court of Appeals
Decided October 13, 1981PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and the relief sought by the appellants granted, with costs.
Before a court can determine whether an agency acted reasonably in taking a particular action it must find that the agency had authority to act in the first instance. In this case neither section 101-b nor any other section of the Alcoholic Beverage Control Law requires that the New York City excise tax or a 20% markup be included in cost, or permits the State Liquor Authority to direct that it be so included. Thus the State Liquor Authority…
2Cases cited1 opinion
- Mancini v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by6 opinions
- Beer Garden, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1992
- Metropolitan Package Store Ass'n v. KochAppellate Division of the Supreme Court of the State of New York · 1982
- 324 Liquor Corp. v. McLaughlinNew York Supreme Court · 1983
- 324 Liquor Corp. v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1984
- City of New York v. WingNew York Court of Appeals · 2000
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