MATTER OF C. SCHMIDT & SONS, INC. v. New York State Liquor Auth.
Cases that cite this one
10 later published cases cite this decision.
- Matter of Galaxy Bar & Grill Corp. v. New York State Liq. Auth. (Appellate Division of the Supreme Court of New York 2017)
- Marra v. City of White Plains (Appellate Division of the Supreme Court of New York 1983)
- City Services, Inc. v. Neiman (Appellate Division of the Supreme Court of New York 2010)
- Alston v. City of New York (Appellate Division of the Supreme Court of New York 2000)
- 333 E. 89 Realty L. L. C. v. New York City Water Board (Appellate Division of the Supreme Court of New York 2000)
- Rodgers v. New York City Human Resources Administration/Department of Social Services (Appellate Division of the Supreme Court of New York 1989)
- City of New York v. City Civil Service Commission (New York Supreme Court 1988)
- Murphy v. Sise (Appellate Division of the Supreme Court of New York 1987)
- Markman v. New York State Department of Education (Appellate Division of the Supreme Court of New York 1987)
- Stewart v. Civil Service Commission (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
While it would certainly have been the better practice for the authority explicitly to have spelled out in its determination of December 8, 1978 the fact that it had given consideration to the materials concerning Mr. Pflaumer submitted as part of the request for reconsideration, that fact is implicit in the statement that it had “granted your request for reconsideration of the disapproval”. That the authority adhered to its original determination cannot be held to be an abuse of discretion in light of the relationship of the misdemeanor convictions to the license sought, the more so since section 752 of the Correction Law enacted to prevent unfair discrimination against persons convicted *754 of criminal offenses expressly excepts cases in which “there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought”. Finally, consideration by the authority of information received by its investigators from Rivinia Corporation and F & M Schaefer Corporation but never made available to petitioner did not constitute a denial of due process (Matter of Fink v Cole, 1 NY2d 48).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.