You are here: / / Criteria for Review of State Liquor Authority (SLA) Determination Expl...
,

Criteria for Review of State Liquor Authority (SLA) Determination Explained

In affirming Supreme Court’s determination that the State Liquor Authority (SLA) should have granted petitioner’s application for a liquor license, the Second Department explained its review powers:

In reviewing the SLA’s determination of whether the public convenience and advantage would be served by granting or denying an application for a retail liquor license, the inquiry of the court is strictly limited to whether the SLA acted arbitrarily and capriciously … . A determination is “arbitrary and capricious when it is taken without sound basis in reason or regard to the facts” … .

Judicial review of a determination by the SLA “is limited to the grounds invoked by the agency” … . “If those grounds are inadequate or improper, the court is powerless to affirm the administrative [determination] by substituting what it considers to be a more adequate or proper basis” … . Furthermore, reliance upon an improper basis for its determination requires that the determination be annulled, regardless of whether the SLA also relied, in part, upon valid considerations … . Matter of Costco Wholesale Corp v New York State Liquor Auth, 2015 NY Slip Op 01274, 2nd Dept 2-11-15

 

You might also like
COPY OF POSTNUPTIAL AGREEMENT SHOULD NOT HAVE BEEN ADMITTED UNDER THE BEST EVIDENCE RULE; JUDGMENT OF DIVORCE REVERSED (SECOND DEPT).
THE GRAND LARCENY TOOK PLACE IN NEW JERSEY AND IS NOT A “RESULT OFFENSE;” THEREFORE NEW YORK DID NOT HAVE TERRITORIAL JURISDICTION (SECOND DEPT).
CITY WAS NOTIFIED OF THE ESSENTIAL FACTS OF PETITIONER’S CLAIM BY A TIMELY NOTICE OF CLAIM FILED BY THE OTHER PARTY IN THIS TRAFFIC ACCIDENT CASE, PETITIONER’S REQUEST TO FILE A LATE NOTICE OF CLAIM SHOULD HAVE BEEN GRANTED (SECOND DEPT).
ALTHOUGH THE SEARCH WARRANT DESCRIBED THE RESIDENCE AS HAVING TWO ENTRANCE DOORS, ONE LEADING TO THE AREA WHERE THE INFORMANT SAW THE FIREARMS AND ONE LEADING TO A STAIRWAY TO THE SECOND FLOOR (WHICH THE INFORMANT HAD NOT VISITED), THE WARRANT WAS NOT SEVERABLE AND WAS THEREFORE OVERBROAD (SECOND DEPT). ​
Civil Versus Criminal Contempt Explained in Context of Imposition of Fines or Monetary Penalties
Intoxication Jury Instruction Was Warranted, Conviction Reversed
PLAINTIFF STOOD UP FROM A DESK AND TRIPPED OVER THE BOTTOM DRAWER WHICH HAD PARTIALLY OPENED; THERE WERE QUESTIONS OF FACT WHETHER THE CONDITION WAS OPEN AND OBVIOUS AND WHETHER DEFENDANT HAD ACTUAL OR CONSTRUCTIVE NOTICE OF THE CONDITION (SECOND DEPT).
LETTER AGREEMENT REGARDING A LEASE WAS NOT AN ENFORCEABLE CONTRACT; RATHER IT WAS AN AGREEMENT TO AGREE (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Telephone-Communication Buy-Sell Arrangements Sufficient for Long-Arm Jurisdiction/Forum... Appendix Incomplete—Appeal Dismissed