[Download] "Matter Robert C. Lawrence v. New York State Liquor Authority" by Supreme Court of New York * Book PDF Kindle ePub Free

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Title: Matter Robert C. Lawrence v. New York State Liquor Authority
Author : Supreme Court of New York
Release Date : January 06, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

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Judgment unanimously reversed on the law without costs and determination reinstated. Memorandum: The order of Special Term must be reversed and the determination of the State Liquor Authority reinstated. The administrative delay in rendering its decision did not oust the State Liquor Authority of jurisdiction because the time frames found in Alcohol Beverages Control LawÂ§ 120 are not mandatory but merely directory (see, Brenner v Bruckman, 253 App Div 607, appeal dismissed 278 NY 503; see also, Matter of Cortlandt Nursing Home v Axelrod, 66 N.Y.2d 169, 182; Matter of Geary v Commission of Motor Vehicles, 59 N.Y.2d 950, affg 92 A.D.2d 38; Matter of Sarkisian Bros., Inc. v State Div. of Human Rights, 48 N.Y.2d 816). Moreover, petitioner failed to demonstrate that he sustained substantial prejudice because of the delay. In our view the penalty imposed was not ""so disproportionate to the offense, in light of all the circumstances, as to shock one's sense of fairness"" (Matter of Pell v Bd. of Education, 34 N.Y.2d 222, 233).