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Matter of Gifts by Wire, Inc., v. Bruckman

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1938
253 App. Div. 350 (N.Y. App. Div. 1938)

Opinion

February 18, 1938.

Appeal from Supreme Court of New York County.

Monroe I. Katcher, II, of counsel [ William H. Ticho, attorney for State Liquor Authority], for the appellants.

Stanley Osserman of counsel [ Theodore Tonkonogy with him on the brief, attorneys], for the respondent.

Present — MARTIN, P.J., O'MALLEY, TOWNLEY, GLENNON and UNTERMYER, JJ.


The petitioner, who is not a licensee, has no standing to maintain this proceeding enjoining action that might be taken against parties who are licensees. Furthermore, the State Liquor Authority has jurisdiction under the Alcoholic Beverage Control Law to entertain proceedings against licensees. Since it has such jurisdiction, the order should not have been granted even if it be assumed that the jurisdiction would be erroneously exercised. For such error, if error it be, a licensee might, in a proper case, seek relief by certiorari.

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.


Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied.


Summaries of

Matter of Gifts by Wire, Inc., v. Bruckman

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1938
253 App. Div. 350 (N.Y. App. Div. 1938)
Case details for

Matter of Gifts by Wire, Inc., v. Bruckman

Case Details

Full title:In the Matter of the Application of GIFTS BY WIRE, INC., Respondent…

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

Date published: Feb 18, 1938

Citations

253 App. Div. 350 (N.Y. App. Div. 1938)
2 N.Y.S.2d 215

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