Kaplan v. Rohan
| Decision Date | 30 December 1959 |
| Parties | , 165 N.E.2d 197 Application of Moe KAPLAN et al., Respondents, for an Order, etc. v. Thomas E. ROHAN et al., as members of and constituting the State Liquor Authority of the State of New York, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 8 A.D.2d 270, 187 N.Y.S.2d 264.
Petitioners brought a proceeding under the Civil Practice Act, § 1283 et seq., to review and annul determination of the State Liquor Authority denying application for waiver of Rule 45 of the Rules of State Liquor Authority, McK.Consol.Laws, Book 3, Appendix, limiting number of restaurant liquor licenses and providing that applications therefor would not be accepted during one-year period commencing February 1, 1958, and further providing that a waiver of limitation might be granted on submission of satisfactory proof of a number of particulars.
The Supreme Court, Special Term, Isadore Bookstein, J., entered an order denying a motion of the State Liquor Authority to dismiss the proceeding, and the State Liquor Authority appealed.
The Appellate Division, Gibson, J., reversed the order, dismissed the petition, and held that rule was invalid and without effect in that denial of a waiver was equivalent to the denial of an application, and that State Liquor Authority by statute was without power to set up, by rule, a system for the approval or rejection of applications, in its uncontrolled discretion.
The members of the State Liquor Authority appealed to the Court of Appeals.
Appeal dismissed, with costs, upon the ground that the appellants are not parties aggrieved.
All concur.
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