Opinion
June 12, 1950.
In a proceeding under article 78 of the Civil Practice Act, to review the determination of the State Liquor Authority, disapproving an application by respondent for a license to sell liquor for off-premises consumption, the authority appeals from so much of an order as directs a trial of the proceeding before a court and jury, and denies a motion by the authority to strike out a portion of the petition and an exhibit, annexed to respondent's reply. Order reversed on the law, with $50 costs and disbursements, and the proceeding dismissed, without costs. The record discloses sufficient undisputed facts upon which the authority, to which the power to pass on the matter is given by statute, could reasonably have decided that respondent's application for a license should be denied. In view of such undisputed facts, no triable issue was presented which required determination, and there was no basis upon which either a court or jury could decide that the State Liquor Authority acted arbitrarily or capriciously. (Cf. Matter of Snetlage v. O'Connell, 271 App. Div. 1015, affd. 297 N.Y. 707; Matter of Pichacz v. O'Connell, 272 App. Div. 755, affd. 297 N.Y. 981; Matter of Glintenkamp v. O'Connell, 271 App. Div. 795, affd. 296 N.Y. 806; Matter of Restaurants Patisseries Longchamps v. O'Connell, 271 App. Div. 684, affd. 296 N.Y. 888.) Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.