Opinion
March 8, 1950.
Present — Taylor, P.J., McCurn, Love, Kimball and Piper, JJ.
Determination of the State Liquor Authority annulled, with $50 costs and disbursements, and proceeding remitted to it for further consideration with the right to either party to submit additional evidence and with the direction to the authority to make findings of fact in support of its determination upon the evidence. Memorandum: This proceeding was pursuant to article 78 of the Civil Practice Act to review a determination of the State Liquor Authority which denied the application of the appellant for a restaurant license. The order denying the application, after reciting that a hearing was had, merely set forth that "Under all the circumstances in this case, it is not conducive to the proper regulation and control of the distribution and sale of alcoholic beverages to issue this license." No reason is given for this conclusion and no findings of fact were made. The appellant is entitled to a judicial review of the determination of the State Liquor Authority. Without knowledge of the facts upon which the liquor authority based its determination, there can be no review. The determination of the State Liquor Authority should be annulled. ( Matter of Scudder v. O'Connell, 272 App. Div. 251. ) All concur. (Review of determination of respondents' disapproval of petitioner's application for a liquor license.)