Walsh v. New York State Liquor Authority
| Decision Date | 09 July 1965 |
| Citation | 16 N.Y.2d 781,262 N.Y.S.2d 502,209 N.E.2d 821 |
| Parties | , 209 N.E.2d 821 Mary E. WALSH, d/b/a 109 Liquors, et al., etc., Appellants, v. NEW YORK STATE LIQUOR AUTHORITY, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 23 A.D.2d 876, 259 N.Y.S.2d 491.
Package liquor store licensees brought action against the New York State Liquor Authority for a judgment declaring that Bulletin No. 390 of the State Liquor Authority and its amended Rule 17, which procedurally implemented Bulletin No. 390, were arbitrary and capricious and deprived the licensees of property without due process, and declaring that any licenses issued pursuant to Bulletin No. 390 and Rule 17 were illegal, and enjoining the State Liquor Authority from issuing any package liquor store licenses pursuant thereto.
Bulletin No. 390 recited that the State Liquor Authority had determined that public convenience and advantage would best be served by a four-phase plan for relocating presently licensed liquor package stores and for issuing additional licenses, and that petitions for removal of licensed liquor package stores within the same county and in New York City were to be accepted effective August 6, 1964 and thereafter, and that those petitions for inter-county removals, or to and from New York City, were to be accepted on October 1, 1964 and thereafter, and that applications for new liquor package store licenses were to be accepted during the months of December, 1964 and March, June and September, 1965, and that, effective December 1, 1965 and thereafter, petitions for removal and applications for new licenses were to be accepted on a continuing basis, and that the procedures prescribed in the Bulletin No. 390 would within a reasonable time permit issuance of liquor package store licenses to any qualified citizens unless there is a mandatory prohibition barring such issuance.
The Supreme Court, Special Term, Suffolk County, Jack Stanislaw, J., 45 Misc.2d 827, 257 N.Y.S.2d 971, entered an order, and appeals were taken.
The Appellate Division, 23 A.D.2d 876, 259 N.Y.S.2d 491, entered an order affirming the order of the Special Term insofar as appealed from by the licensees and reversing the order of the Special Term insofar as appealed from by the State Liquor Authority and held that the complaint alleging that the State Liquor Authority had conditionally approved an application for a license should be dismissed, where complaint...
To continue reading
Request your trial
-
Franza v. Carey
...Walsh v. New York State Liquor Authority, 45 Misc.2d 601, 257 N.Y.S.2d 971, 23 A.D.2d 876, 259 N.Y.S.2d 491, aff'd, 16 N.Y.2d 781, 262 N.Y.S.2d 502, 209 N.E.2d 821; Socony-Vacuum Oil Co. v. City of New York, 247 App.Div. 163, 287 N.Y.S.2d 288, aff'd 272 N.Y. 668, 5 N.E.2d 385 (1936). It is ......
-
People v. Fernandez
...As such, it is legally insufficient. (Walsh v. N. Y. State, 23 A.D.2d 876, 259 N.Y.S.2d 491 (2nd Dept.), affd. 16 N.Y.2d 781, 262 N.Y.S.2d 502, 209 N.E.2d 821; Lence v. Sheldon, supra ). Defendants' right to a factual statement showing how the charge is arrived at in factual terms is fundam......
-
Lakeland Water Dist. v. Onondaga County Water Authority
... ... Court of Appeals of New York ... April 16, 1969 ... [248 N.E.2d 856] [24 N.Y.2d 402] ... Davison and Charles S. Woolsey, Albany, for Power Authority of the State of New York, amicus curiae ... William A. Madison, Donald ... (See Walsh v. New York State Liq. [24 N.Y.2d 409] Auth., 45 Misc.2d 827, 831, 257 ... ...
-
Cisco v. Lavine
... ... Abe LAVINE, as Commissioner of the New York State Department ... of Social Services, Respondent ... or misapprehended some factual matter or legal authority, whereas renewal may lie if new evidentiary material is ... National City Bank, 59 N.Y. 67, 73; Walsh v. New York State Liquor Auth., 45 Misc.2d 827, 257 ... ...