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MANCINI v. McLAUGHLIN

54 N.Y.2d 860 (1981)

Frank Mancini, Jr., Appellant, v. Edward J. McLaughlin et al., Constituting the State Liquor Authority, Respondents. In the Matter of Jack R. Battipaglia, Appellant, v. New York State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided October 13, 1981.

Attorney(s) appearing for the Case

Seymour Howard for Frank Mancini, Jr., appellant.

Martin P. Mehler for Jack R. Battipaglia, appellant.

Warren B. Pesetsky for respondents.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER and FUCHSBERG concur in memorandum; Judges JASEN, JONES and MEYER dissent and vote to affirm for reasons stated in the memorandum at the Appellate Division ().

MEMORANDUM.

The order of the Appellate Division should be reversed and the relief sought by the appellants granted, with costs.

Before a court can determine whether an agency acted reasonably in taking a particular action it must find that the agency had authority to act in the first instance. In this case neither section 101-b nor any other section of the Alcoholic Beverage Control Law requires that the New York...

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