Bizarre, Inc. v. State Liquor Authority
| Decision Date | 29 May 1968 |
| Citation | 22 N.Y.2d 721,292 N.Y.S.2d 106 |
| Parties | , 239 N.E.2d 203 Application of the BIZARRE, INC., Respondent, v. STATE LIQUOR AUTHORITY and New York City Alcoholic Beverage Control Board, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 29 A.D.2d 500, 289 N.Y.S.2d 75.
The operator of a coffee house in the Greenwich Village area of Manhattan was refused a special on-premises liquor license by the New York City Alcoholic Beverage Control Board. The operator requested a hearing by the State Liquor Authority. Such a hearing ensued before a Deputy Commissioner who disapproved the application and notified the operator. This was followed by a formal notice purporting to be signed by the chairman of the Authority, to the same effect.
The operator's application pursuant to Article 78 of the Civil Practice Law and Rules was transferred to the Appellate Division by the Supreme Court, Special Term, New York County.
The Appellate Division annulled the determination and remitted the proceeding to the State Liquor Authority for further action. The Appellate Division concluded that this was necessitated by irregularities arising out of failure of any member or members of Authority to pass on license application, failure of Authority to have filed with Secretary of State notice to effect that Authority had established a licensing board having final power respecting refusal of licenses, and failure of Commissioners to have made 'available' a copy of the hearing minutes and exhibits to the Authority or a member thereof.
The Authority appealed to the Court of Appeals and the operator moved to dismiss the appeal.
Motion to dismiss the appeal granted and the appeal dismissed, with costs and ten dollars costs of motion, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.
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