Legal Opinion

Barry v. O'Connell

New York Court of Appeals

Decided July 11, 1951PublishedCited by 134 opinions

1Opinion of the CourtLewis, J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the State Liquor Authority which disapproved an application by the petitioner-appellant for a license to sell liquor for off-premises consumption at a site in the hamlet of Verplanck, Westchester County, New York.

Although Verplanck has a population of between 2,100 and 2,350, which increases to 5,000 in the summer season, there is in that unincorporated community no licensed store for the sale of liquor for off-premises consumption. The nearest stores of that character are in Buchanan — a village one…

2Cases cited5 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Matter of Elite Dairy Products v. Ten EyckNew York Court of Appeals · 1936
  3. Matter of Picone v. Comr. of LicensesNew York Court of Appeals · 1925
  4. New York Water Service Corp. v. Water Power & Control CommissionNew York Court of Appeals · 1940
  5. Matter of Collins v. BehanNew York Court of Appeals · 1941

3Cited by134 opinions

  1. Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
  2. Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
  3. Simpson v. WolanskyNew York Court of Appeals · 1975
  4. Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
  5. Colton v. BermanNew York Court of Appeals · 1967

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