Opinion
104.
Decided May 9, 2006.
APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 10, 2006, in a proceeding pursuant to CPLR article 78. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Supreme Court, New York County (Nicholas Figueroa, J.), which had denied the petition to annul respondent State Liquor Authority's determination denying petitioner's application to register proposed labeling for three frozen malt beverage products to be sold in grocery and convenience stores, and dismissed the proceeding.
The Appellate Division concluded that respondent had a rational and nonarbitrary basis for concluding that the proposed labeling in the brand name "Freaky Ice," which contained a warning set in small print that the product contained alcohol, presented an unacceptable risk of deceiving the public about the alcoholic nature of the product, especially given the similarity of the product's form and appearance to that of a children's ice treat; and that since this action was both rational and within the administrative agency's lawful power, the challenged determination was properly confirmed.
Matter of Integrated Beverage Group Ltd. v. New York State Liq. Auth., 27 AD3d 159, affirmed.
Mehler Buscemi, New York City (Martin P Mehler of counsel), for appellant.
Scott Weiner, New York City, and Thomas G. McKeon for respondent.
Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs. The New York State Liquor Authority, acting within its statutory authority ( see Alcoholic Beverage Control Law § 107-a), rationally disapproved the brand label registration applications ( see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale Mamaroneck, Westchester County, 34 NY2d 222, 230-231; see also Matter of Affiliated Distillers Brands Corp. v. State Liq. Auth., 24 NY2d 31, 39-40).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs, in a memorandum.