Mulligan's Night Club & Cafe, Inc. v. Buffalo Common Council

Boehm J.

(dissenting). I respectfully dissent. In my view the determination of the Common Council Committee is supported by substantial evidence. The determination should be confirmed and the petition dismissed. As the majority notes, the Common Council’s authority in these matters is one of " ' "untrammeled discretion” ’ ” and so long as the legislative body’s exercise of such discretion is not capricious, it should be confirmed (Matter of Turgeon v Buffalo Common Council, 78 AD2d 774). Consequently, the substantial evidence standard is a rather low threshold and on this record judicial…