Matter of Konopka v. Bruckman

Full title: In the Matter of ADAM KONOPKA, Petitioner, against HENRY E. BRUCKMAN et…

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

Date published: Feb 18, 1943

265 App. Div. 1068 (N.Y. App. Div. 1943)

Opinion

February 18, 1943.

Proceeding pursuant to article 78, Civil Practice Act, to review action of the State Liquor Authority in revoking petitioner's liquor license and forfeiting his bond. Determination confirmed, with fifty dollars costs and disbursements. No opinion.

Close, P.J., Carswell, Johnston and Taylor, JJ., concur; Lewis, J., dissents and votes to annul the determination, with the following memorandum:

The conclusion of the State Liquor Authority is based wholly upon inferences which are not warranted by the proof. There is no evidence to justify the revocation.