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

Matter of Integrated Beverage Group Ltd. v New York State Liq. Auth. 2006 NY Slip Op 03624 [6 NY3d 883] May 9, 2006 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 28, 2006

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

Decided May 9, 2006

Matter of Integrated Beverage Group Ltd. v New York State Liq. Auth., 27 AD3d 159, affirmed.

APPEARANCES OF COUNSEL

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

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

OPINION OF THE COURT

Memorandum.

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.