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Matter of Forman v. New York State Liquor Authority

Court of Appeals of the State of New York
Apr 11, 1968
238 N.E.2d 315 (N.Y. 1968)

Opinion

Argued April 3, 1968

Decided April 11, 1968

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK S. SAMANSKY, J.

Emanuel D. Black, Hyman Amsel and Stanley Stein for New York State Liquor Authority and another, appellants.

Robert W. Corcoran for respondents.

Monroe I. Katcher, II, for Pierse's Broadway Wine Liquor Co., Inc., amicus curiae.



Order affirmed, with costs against appellants Authority and board, in the following memorandum: We agree with the Appellate Division that the record developed by the State Liquor Authority after remand by us still is inadequate to establish a reasonable or rational basis for the Authority's conclusion that the issuance of a license to the applicant would promote the "public convenience and advantage". ( Matter of Forman v. New York State Liq. Auth., 17 N.Y.2d 224; Matter of Sinacore v. New York State Liq. Auth., 21 N.Y.2d 379.)

Concur: Judges BURKE, SCILEPPI, KEATING and JASEN.


The record now before the court is substantially different from the inadequate, conclusory record before the court on the prior appeal ( Matter of Forman v. New York State Liq. Auth., 17 N.Y.2d 224). It supports the Authority's determination. How the record is to be interpreted, so long as the interpretation is rational, is exclusively for the Authority, as was so recently held in the parallel case of Matter of Sinacore v. New York State Liq. Auth. ( 21 N.Y.2d 379).


Summaries of

Matter of Forman v. New York State Liquor Authority

Court of Appeals of the State of New York
Apr 11, 1968
238 N.E.2d 315 (N.Y. 1968)
Case details for

Matter of Forman v. New York State Liquor Authority

Case Details

Full title:In the Matter of HERMINA FORMAN et al., Doing Business as Halsey Wine and…

Court:Court of Appeals of the State of New York

Date published: Apr 11, 1968

Citations

238 N.E.2d 315 (N.Y. 1968)
238 N.E.2d 315
290 N.Y.S.2d 909

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