Opinion · Nylaw New York

MATTER OF FORMAN v. NEW YORK ST. LIQUOR AUTH., 28 A.D.2d 684 [2d Dept 1967]

In the Matter of HERMINA FORMAN et al., Doing Bus. as HALSEY WINE ANDLIQUOR STORE, Appellants, v. N.Y. STATE LIQUOR Auth. et al.,Respondents., 28 A.D.2d 684 (Appellate Division of the Supreme Court of New York, Second Department. 1967)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1967-06-05
Topic
general

MATTER OF FORMAN v. NEW YORK ST. LIQUOR AUTH., 28 A.D.2d 684 [2d Dept 1967] In the Matter of HERMINA FORMAN et al., Doing Business as HALSEY WINE ANDLIQUOR STORE, Appellants, v. NEW YORK STATE LIQUOR AUTHORITY et al.,Respondents.Appellate Division of the Supreme Court of New York, Second Department. June 5, 1967 Judgment of the Supreme Court, Kings County, dated January 3, 1967, reversed, on the law and the facts, with $20 costs and disbursements jointly against the respondent State Liquor Authority and the individual respondents; determination of said Authority approving the application of the individual respondents for a package-store liquor license annulled; and said Authority is enjoined from the issuance of such license.

Citator

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MATTER OF FORMAN v. NEW YORK ST. LIQUOR AUTH.,28 A.D.2d 684[2d Dept 1967]
In the Matter of HERMINA FORMAN et al., Doing Business as HALSEY WINE AND
LIQUOR STORE, Appellants, v. NEW YORK STATE LIQUOR AUTHORITY et al.,
Respondents.
Appellate Division of the Supreme Court of New York, Second Department.
June 5, 1967
Judgment of the Supreme Court, Kings County, dated January 3, 1967, reversed, on the law and the facts, with $20 costs and disbursements jointly against the respondent State Liquor Authority and the individual respondents; determination of said Authority approving the application of the individual respondents for a package-store liquor license annulled; and said Authority is enjoined from the issuance of such license. The record developed after remand of this matter by the Court of Appeals still fails to establish a reasonable or rational basis for the Authority's conclusion that the approval of the license application would promote the "public convenience and advantage" (seeMatter of Formanv.New York State Liq. Auth.,17 N.Y.2d 224). Christ, Acting P.J., Brennan, Hopkins, Benjamin and Munder, JJ., concur. [52 Misc.2d 641.]