Appellate Division of the Supreme Court of New York, 1946

Henley's Tavern, Inc. v. O'Connell

Henley's Tavern, Inc. v. O'Connell
Appellate Division of the Supreme Court of New York · Decided February 11, 1946
270 A.D. 814; 59 N.Y.S.2d 775; 1946 N.Y. App. Div. LEXIS 4078
Henley's Tavern, Inc. v. O'Connell

Opinion of the Court

In a proceeding brought pursuant to article 78 of the Civil Practice Act to review the action of the State Liquor Authority in withholding for five days from March 1, 1945, to March 6, 1945, the issuance of a liquor license for the statutory period beginning March 1, 1945, the determination is unanimously confirmed, with $50 costs and disbursements to respondents. It is our opinion that the petitioner’s conduct of its place of business on January 1, 1945, violated the provisions of the Alcoholic Beverage Control Law and that the authority, as an administrative body, had the right to withhold the issuance of the renewal license for a period of five days. Present— Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ.

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