GORDON & GORDON, P.C. WINS CASE AGAINST NEW YORK STATE LIQUOR AUTHORITY

NEW YORK – Gordon & Gordon, P.C. has won a landmark case on behalf of D&S Spirits Corporation against the New York State Liquor Authority, which had neglected to timely review their request for a liquor license.

“No statement has been provided by the SLA which illuminates, much less addresses, when the delay has occurred or when it finally expects to conduct its review of the application,” Justice LaMarca wrote in his ruling.

Gordon & Gordon, P.C. won the case after filing a suit against the SLA after their failure to review a request for a Retail Liquor License in a timely matter. The Honorable William R. LaMarca found in favor of the petitioner D&S Spirits Corp. D&S Spirits originally filed their request for alcoholic control retail license on May 15, 2009 after entering into a lease agreement for retail space. The terms of their lease include a clause that provides for the termination of the lease if D&S Spirits did not have a liquor license by November 1, 2009, increasing the pressure on the SLA to comply with guidelines.

At the heart of SLA’s defense was their belief that the 30-day review period was not mandatory, merely a suggestion. Gordon & Gordon, P.C. felt differently and requested a ruling from New York’s Supreme Court. D&S Spirits contacted the SLA in July because their request had not yet been processed. At that time, SLA responded that they would review the request “within six months” and responded that the 30-day period was not mandatory merely “directionary.” D&S Spirits brought suit immediately.

In their response, SLA claimed that D&S Spirits had not proven any “prejudice” in their case. Judge LaMarca disagreed. He stated that while he could not compel the SLA to review the request favorably, he could direct them to comply with the statutes that govern their actions.

This case is the latest in a long line of problems exacerbated by the extreme backlog currently faced by the SLA. Pressure from rulings such as this has forced the SLA to consider their business methods. The SLA is currently in the process of reviewing their procedures and hopes to resolve the backlog issue in the near future.

D&S Spirits Corp. looks forward to the review of the request. The review is ordered to take place within 30 days of the ruling.

Gordon & Gordon, P.C. has been practicing law in New York since 1991. Practicing in the courts in and around New York City, Gordon & Gordon, P.C. offers personalized service to their clients.