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Matter of Fiore v. O'Connell

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1947
272 App. Div. 927 (N.Y. App. Div. 1947)

Opinion

June 23, 1947.


In a proceeding under article 78 of the Civil Practice Act, final order annulling the determination of the State Liquor Authority, which determination is a refusal of a retail wine and liquor license to respondents, and directing the issuance of a license, reversed on the law and the facts, without costs, and the determination of the State Liquor Authority confirmed, without costs. On the facts in this record it may not be held, as matter of law, that the State Liquor Authority acted unreasonably, arbitrarily or in bad faith. The court may not substitute its judgment for that of the authority's, to which the power to pass on the matter is given by statute. Hagarty, Acting P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.


Summaries of

Matter of Fiore v. O'Connell

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1947
272 App. Div. 927 (N.Y. App. Div. 1947)
Case details for

Matter of Fiore v. O'Connell

Case Details

Full title:In the Matter of ANNIE FIORE et al., Respondents, against JOHN F…

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

Date published: Jun 23, 1947

Citations

272 App. Div. 927 (N.Y. App. Div. 1947)

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