Integrated Beverage Group Ltd. v. New York State Liquor Authority

Majority

p. 883

[ 849 NE2d 960, 816 NYS2d 737]

In the Matter of Integrated Beverage Group Ltd., Appellant, v New York State Liquor Authority, Respondent.

Decided May 9, 2006

p. 884

APPEARANCES OF COUNSEL

Mehler & Buscemi, New York City (Martin B Mehler of counsel), for appellant.

Scott Weiner, New York City, and Thomas G. McKeon for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs. The New York State Liquor Authority, acting within its statutory authority (see Alcoholic Beverage Control Law § 107-a [2]), rationally disapproved the brand label registration applications (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 230-231 [1974]; see also Matter of Affiliated Distillers Brands Corp. v State Liq. Auth., 24 NY2d 31 , 39-40 [1969]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

Cases cited

Pell v. Board of Education 34 NY2d 222 N.Y. 1974-05-15 at 230-231 p. 884
Affiliated Distillers Brands Corp. v. State Liquor Authority 24 NY2d 31 N.Y. 1969-02-20 at 39-40 p. 884

Statutes and regulations cited

Alcoholic Beverage Control Law p. 884