Matter of Guerra v. New York St. Liquor Auth

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

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

Date published: Jan 10, 1963

18 A.D.2d 868 (N.Y. App. Div. 1963)

237 N.Y.S.2d 57

Opinion

January 10, 1963

Appeal from the Erie Special Term.

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

Order unanimously reversed and determination of appellant annulled, with $50 costs and disbursements to petitioner, and matter remitted to the State Liquor Authority for further proceedings in accordance with the memorandum. Memorandum: Special Term had no jurisdiction to decide this matter in the first instance and had no authority to direct the return of petitioner's license ( Matter of Amigone v. New York State Liq. Auth., 12 A.D.2d 993; Matter of Singer v. New York State Liq. Auth., 12 A.D.2d 994; Matter of Glaser v. Epstein, 13 A.D.2d 717). The matter should have been transferred to this court. The administrative proceedings taken herein by appellant are substantially identical with those pursued by the Authority and reviewed in Matter of Costello v. State Liq. Auth. ( 17 A.D.2d 547). The matter is remitted to appellant for further proceedings in accordance with the opinion in the first Costello case ( supra).