MATTER OF JDH REST., INC. v. New York State Liquor Auth.

New York Court of Appeals
MATTER OF JDH REST., INC. v. New York State Liquor Auth., 21 N.Y.2d 846 (N.Y. 1968)
236 N.E.2d 159; 288 N.Y.S.2d 1003; 1968 N.Y. LEXIS 1592

MATTER OF JDH REST., INC. v. New York State Liquor Auth.

Opinion

Order affirmed, with costs, in the following memorandum: Because a cancellation rather than a revocation of license is involved petitioner is now presumably entitled to apply for a new license (see Alcoholic Beverage Control Law, § 126, subd. 5). Should such application be made the Authority would, of course, be entitled to consider petitioner’s misguided reliance on the absence of specific legislative prohibitions at the time of the practices condemned by it and to weigh the sincerity of petitioner’s protestations that it is prepared to abide by the applicable law.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

Reference

Full Case Name
In the Matter of J. D. H. Rest., Inc., Appellant, v. New York State Liquor Authority, Respondent
Cited By
1 case
Status
Published