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You are here: Home1 / Administrative Law2 / Criteria for Review of State Liquor Authority (SLA) Determination Expl...
Administrative Law, Appeals

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

 

February 11, 2015
Tags: Second Department
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