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Matter of Amigone v. N.Y. State Liquor Auth

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 1961
12 A.D.2d 993 (N.Y. App. Div. 1961)

Opinion

February 16, 1961

Appeal from the Erie Special Term.

Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.


Order unanimously modified by striking therefrom second ordering paragraph and remanding proceeding to the Authority for a hearing and as so modified, affirmed, without costs of this appeal to either party. Memorandum: Special Term was without authority to direct the issuance of a license to petitioner. The action of the Authority, however, in denying petitioner an adjournment was arbitrary. It is undisputed that his counsel was actually engaged in a court of record within the provision of subdivision 3 of rule 2 of the Rules of the State Liquor Authority. The latter violated its own rule in offering an adjournment upon condition that petitioner execute the requested stipulation. The Authority had ample power under the provisions of section 118 Alco. Bev. Cont. of the Alcoholic Beverage Control Law to revoke or cancel the renewed license subsequent to October 1, 1960 for violations occurring during the immediately preceding license period.


Summaries of

Matter of Amigone v. N.Y. State Liquor Auth

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 1961
12 A.D.2d 993 (N.Y. App. Div. 1961)
Case details for

Matter of Amigone v. N.Y. State Liquor Auth

Case Details

Full title:In the Matter of ALPHONSE AMIGONE, Respondent, v. NEW YORK STATE LIQUOR…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 1961

Citations

12 A.D.2d 993 (N.Y. App. Div. 1961)