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eBook details

• Title: Matter Stuart & Stuart v. New York State Liquor Authority
• Author : Supreme Court of New York
• Release Date : January 30, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

The petitioners' applications for restaurant liquor licenses, each more than 10 months old, miscarried. The respondent-appellant Authority failed to act upon the local board's approval of the applications because it was engaged in a recall proceeding instituted in August, 1966 affecting the present licensee of the two premises. Mandamus does not lie in the circumstances to compel the respondent to approve the applications. (Matter of Wager v. State Liq. Auth., 4 N.Y.2d 465.) For that matter, review cannot be had where the respondent has not acted and there is nothing in fact to review. (Bob's Corked Liqs. v. New York State Liq. Auth., N.Y.L.J., April 19, 1957, p. 4, col. 8 [Sup. Ct., N. Y. County, Dineen, J.], affd. 3 A.D.2d 1010, mot. for lv. to app. den. 3 N.Y.2d 707, app. dsmd. 4 N.Y.2d 701.) The very statute creating the Authority provides, however, that it shall render a decision within 30 days after submission of an application to it (Alcoholic Beverage Control Law, § 120). Thus, while mandamus may not lie commanding the respondent to approve or disapprove the applications, it may be directed nevertheless to decide the applications (People ex rel. Francis v. Common Council of City of Troy, 78 N. Y. 33, 39; Matter of Rochester Gas & Elec. Corp. v. Maltbie, 188 Misc. 39 [Bergan, J.], affd. 272 App. Div. 162).

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