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Matter of Pichacz v. O'Connell

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 1947
272 App. Div. 755 (N.Y. App. Div. 1947)

Opinion

April 3, 1947.

Present — Martin, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ.


The State Liquor Authority is vested by statute with discretionary power. Whether there has been an abuse of discretion by arbitrary and capricious action is a question of law which should be determined by the court upon the facts of the particular case. The record before us contains sufficient undisputed facts upon which the authority could reasonably determine that the issuance of a license to petitioners would not serve the public interest. Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to the appellants, and the petition dismissed. Settle order on notice.


Summaries of

Matter of Pichacz v. O'Connell

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 1947
272 App. Div. 755 (N.Y. App. Div. 1947)
Case details for

Matter of Pichacz v. O'Connell

Case Details

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

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

Date published: Apr 3, 1947

Citations

272 App. Div. 755 (N.Y. App. Div. 1947)

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