Legal Opinion

Sled Hill Cafe, Inc. v. Hostetter

New York Court of Appeals

Decided October 10, 1968PublishedCited by 28 opinions

1Opinion of the CourtBreitel, J.

In an article 78 proceeding, appellant appeals from an order of the Appellate Division, Third Department, affirming, by a divided court, the refusal of respondent State Liquor Authority, after a hearing, to grant appellant a restaurant liquor license.

The application was disapproved “ [d]ue to [the association of applicant’s principal, Mr. Sife,] with known narcotic users frequenting the premises and upon consideration of all the facts ”. Since this is a new application, the issue is whether the determination was arbitrary and capricious. The Appellate Division held that the “ probative…

2Cases cited5 opinions

  1. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  2. Migliaccio v. O'ConnellNew York Court of Appeals · 1954
  3. 54 Cafe & Restaurant, Inc. v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1948
  4. Playdium, Inc. v. O'CONNELLNew York Court of Appeals · 1950
  5. 238 Restaurant, Inc. v. New York State Liquor AuthorityNew York Supreme Court · 1959

3Cited by28 opinions

  1. Circus Disco Ltd. v. New York State Liquor AuthorityNew York Court of Appeals · 1980
  2. Cortland-Clinton, Inc. v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1977
  3. Celestial Food Corp. of Coram, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
  4. Marra v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1983
  5. Society for Ethical Culture v. SpattAppellate Division of the Supreme Court of the State of New York · 1979

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