Appellate Division of the Supreme Court of New York, 1946

In re Finn

In re Finn
Appellate Division of the Supreme Court of New York · Decided December 23, 1946
271 A.D.2d 896
In re Finn

Opinion of the Court

In a proceeding under article 78 of the Civil Practice Act, final *897order annulling the determination of the State Liquor Authority, which determination is a refusal of a retail wine and liquor license to respondents, and directing issuance of a license, reversed on the law and the facts, without costs, and the determination of the State Liquor Authority confirmed, without costs. The court may not substitute its judgment for that of the authority, to whom the power to pass on the matter is given by statute. Carswell, Johnston and Nolan, JJ., concur; Hagarty, Acting P. J., and Adel, J., dissent and vote to affirm.

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