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Blue Baby Cocktail Lounge, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1969
33 A.D.2d 521 (N.Y. App. Div. 1969)

Opinion

September 29, 1969


Proceeding under CPLR article 78 to annul respondent's determination, dated April 17, 1969, which disapproved petitioner's application for a special on-premises liquor license. Determination confirmed and proceeding dismissed, without costs. Petitioner has the burden of establishing that respondent acted arbitrarily or capriciously in exercising its discretion to refuse the requested license ( Matter of Farina v. State Liq. Auth., 20 N.Y.2d 484; Matter of Wager v. State Liq. Auth., 4 N.Y.2d 465; Matter of Gambino v. State Liq. Auth., 4 A.D.2d 37, affd. 4 N.Y.2d 997). Petitioner has not discharged that burden; rather, the record discloses evidence reasonably justifying the discretion exercised by respondent in denying to petitioner the license sought by it. Brennan, Acting P.J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.


Summaries of

Blue Baby Cocktail Lounge, Inc. v. New York State Liquor Authority

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1969
33 A.D.2d 521 (N.Y. App. Div. 1969)
Case details for

Blue Baby Cocktail Lounge, Inc. v. New York State Liquor Authority

Case Details

Full title:In the Matter of the BLUE BABY COCKTAIL LOUNGE, INC., Petitioner, v. NEW…

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

Date published: Sep 29, 1969

Citations

33 A.D.2d 521 (N.Y. App. Div. 1969)

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