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Matter of M.D.B. Bagels v. N.Y. St. Liq. Auth

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1990
157 A.D.2d 781 (N.Y. App. Div. 1990)

Opinion

January 22, 1990

Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).


Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed and the proceeding is dismissed.

An administrative determination must be upheld even if the reviewing court might have reached a contrary decision, as long as the determination is rational. Upon a review of the record, we find that the denial by the New York State Liquor Authority (hereinafter the Authority) of the petitioner's application for an off-premises beer license (see, Alcoholic Beverage Control Law § 54) was rational (see, Matter of Wager v. State Liq. Auth., 4 N.Y.2d 465; Matter of Benidor Rest. v. New York State Liq. Auth., 127 A.D.2d 534). The denial was based upon admitted violations of the Alcoholic Beverage Control Law, as well as a determination by the Authority that the petitioner failed to accurately divulge the identity of the proposed licensee. In light of the fact that it lies solely within the Authority's expertise to ascertain the identity of the real parties in interest (see, Matter of Benidor Rest. v. New York State Liq. Auth., supra; Matter of Mar-Jear Rest. Corp. v. New York State Liq. Auth., 31 A.D.2d 741), and since there is no indication that the Authority acted arbitrarily, the determination is confirmed. Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

Matter of M.D.B. Bagels v. N.Y. St. Liq. Auth

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1990
157 A.D.2d 781 (N.Y. App. Div. 1990)
Case details for

Matter of M.D.B. Bagels v. N.Y. St. Liq. Auth

Case Details

Full title:In the Matter of M.D.B. BAGELS, INC., Respondent, v. NEW YORK STATE LIQUOR…

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

Date published: Jan 22, 1990

Citations

157 A.D.2d 781 (N.Y. App. Div. 1990)
550 N.Y.S.2d 380