Matter of Southland Corp. v. New York State Liq. Auth

In Matter of Southland Corp. v. New York State Liq. Auth. (181 AD2d 19 [1st Dept 1992]) the Court upheld the trial court's dismissal of a CPLR article 78 petition by a large operator and franchiser of convenience stores seeking to reverse a determination of the New York State Liquor Authority denying the appellant licenses for off-premises beer and wine sales. The Liquor Authority's determination was based on the fact that the bid-rigging conviction of the appellant corporation created a mandatory statutory bar to the issuance of such licenses under the Alcoholic Beverage Control Law. In reciting the history of the case, the court noted that the appellant had earlier applied to the New York State Parole Board for a certificate of relief but was told by the Board that corporations were not eligible for such certificates. It was then noted by the court: "In a decision dated December 13, 1990, Justice McQuillan observed that section 700 (1) (a) of the Correction Law defines 'eligible offender' as 'a person who has been convicted of a crime or of an offense, but who has not been convicted more than once of a felony', and concluded that the term includes a corporate defendant. Nevertheless, Justice McQuillan denied Southland's application 'solely because the predicate conviction was not in this court (see Correction Law 702 [1]).' " (181 AD2d at 24.)