Appellate Division of the Supreme Court of New York, 1969

Blue Baby Cocktail Lounge, Inc. v. New York State Liquor Authority

Blue Baby Cocktail Lounge, Inc. v. New York State Liquor Authority
Appellate Division of the Supreme Court of New York · Decided September 29, 1969
33 A.D.2d 521; 305 N.Y.S.2d 298; 1969 N.Y. App. Div. LEXIS 3207
Blue Baby Cocktail Lounge, Inc. v. New York State Liquor Authority

Opinion of the Court

Proceeding under CPLR article 78 to annul respondent’s determination, dated April 17, 1969, which disapproved petitioner’s application for a special on-premises liquor license. Determination confirmed and proceeding dismissed, without costs. Petitioner has the burden of establishing that respondent acted arbitrarily or capriciously in exercising its discretion to refuse the requested license (Matter of Farina v. State Liq. Auth., 20 N Y 2d 484; Matter of Wager v. State Liq. Auth., 4 N Y 2d 465; Matter of Gambino v. State Liq. Auth., 4 A D 2d 37, affd. 4 N Y 2d 997). Petitioner has not discharged that burden; rather, the record discloses evidence reasonably justifying the discretion exercised by respondent in denying to petitioner the license sought by it. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

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