Intino v. Hostetter
Opinion of the Court
Order unanimously reversed, and determination of State Liquor Authority confirmed, without costs. Memorandum: The State Liquor Authority appeals from an order of Oneida Special Term directing a trial at Special Term in this article 78 proceeding to annul appellant’s denial of petitioner’s application for a special on-premises (entertainment) liquor license. The order does not specify the issues to be tried. In our opinion there are no such issues in the record and the order should be reversed. (Cf. Matter of O’Brien v. Commissioner of Educ., 3 A D 2d 321, 325.) The proceeding having reached this court with the complete record before us, it is to be treated as though it had been transferred and is properly before us (Matter of Koppel v. Hults, 20 A D 2d 669). We are required, therefore, to ascertain whether the refusal to grant a liquor license to petitioner was arbitrary or capricious (CPLR 7804, su'bd. [g]). Petitioner has a contract for the purchase of premises in the City of Utica which were operated at one time as a night club under the name of the Show Bar. The real property is owned by Henry and Beatrice Cittadino, both of whom have criminal records. In 1960, while the premises were licensed to Joseph Talerieo (Cittadino’s nephew), the liquor license was
Case-law data current through December 31, 2025. Source: CourtListener bulk data.