Metro. Package Store Ass'n v. Duffy, 143 A.D.2d 832 (N.Y. App. Div. 1988). · Go Syfert
Metro. Package Store Ass'n v. Duffy, 143 A.D.2d 832 (N.Y. App. Div. 1988). Cases Citing This Book View Copy Cite
16 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Clark v. New York State Liq. Auth. (nyappdiv, 2018-10-11)
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Clark v. New York State Liq. Auth.
N.Y. App. Div. · 2018 · confidence medium
Co. v Stewart , 36 AD2d 811 [1st Dept 1971], affd 29 NY2d 925 [1972]; Matter of Metropolitan Package Store Assn. v Duffy , 143 AD2d 832, 833 [2d Dept 1988], lv denied 73 NY2d 705 [1989]).
discussed Cited as authority (rule) Knavel v. West Seneca Central School District (2×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
State, 124 AD3d at 1177-1178 ; Matter of Metropolitan Package Store Assn. v Duffy, 143 AD2d 832, 833 [1988], lv denied 73 NY2d 705 [1989]).
discussed Cited as authority (rule) Knavel v. West Seneca Central School District (2×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
State, 124 AD3d at 1177-1178 ; Matter of Metropolitan Package Store Assn. v Duffy, 143 AD2d 832, 833 [1988], lv denied 73 NY2d 705 [1989]).
discussed Cited as authority (rule) Knavel v. West Seneca Central School District (2×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
State, 124 AD3d at 1177-1178 ; Matter of Metropolitan Package Store Assn. v Duffy, 143 AD2d 832, 833 [1988], lv denied 73 NY2d 705 [1989]).
cited Cited "see" KNAVEL, VICTORIA v. WEST SENECA CENTRAL SCHOOL DIST.
N.Y. App. Div. · 2017 · signal: see · confidence high
Socy. v Boardman, 262 AD2d 961, 962 [internal quotation marks omitted]; see Matter of Metropolitan Package Store Assn. v Duffy, 143 AD2d 832, 833 , lv denied 73 NY2d 705 ).
Retrieving the full opinion text from the archive…
In the Matter of Metropolitan Package Store Association
v.
Thomas Duffy, Constituting the New York State Liquor Authority
Appellate Division of the Supreme Court of the State of New York.
Oct 17, 1988.
143 A.D.2d 832
1988 N.Y. App. Div. LEXIS 10172
Cited by 15 opinions  |  Published

In a proceeding pursuant to Alcoholic Beverage Control Law § 123 to prohibit, inter alia, the respondent members of the New York State Liquor Authority from approving certain Riunite wine products labels for the respondent Villa Banfi, U.S.A., the petitioners appeal from a judgment of the Supreme Court, Queens County (Graci, J.), dated February 1, 1988, which dismissed their proceeding as time barred.

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

In its determination of May 20, 1987, the respondent members of the New York State Liquor Authority determined (1)[*833] that the three Villa Banfi, U.S.A. beverages at issue were "wine products” within the meaning of Alcoholic Beverage Control Law § 3 (36-a) and (2) that the current labels needed certain modifications. After granting successive extensions of time for Villa Banfi, U.S.A. to comply with its directives, September 15, 1987 was set as the final date by which the modifications had to be accomplished.

The essence of the relief sought in this proceeding is a review of the administrative discretion of the New York State Liquor Authority in granting a brand label approval and as such is governed by the four-month Statute of Limitations promulgated in CPLR 217 (Matter of De Haney v New York State Liq. Auth., 30 AD2d 536). CPLR 217 provides that "a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner”.

A determination is considered final and binding for CPLR 217 purposes when it has an impact upon the petitioner and when he knows he is aggrieved (see, Matter of Cabrini Med. Center v Axelrod, 107 AD2d 965; Matter of Filut v New York State Educ. Dept., 91 AD2d 722, lv denied 58 NY2d 609). It is considered final and binding when no further events need take place for him to be aggrieved (see, Matter of Edmead v McGuire, 114 AD2d 758, 759).

At bar, the petitioners were aggrieved by the May 20, 1987 determination that the Villa Banfi, U.S.A. beverages at issue were "wine products” which could be sold at grocery stores and supermarkets, not wines which could be sold only at duly licensed "package stores”. The subsequent dates extending the time allowable for label modification were "merely incidental” to the New York State Liquor Authority’s determination and did not affect the determination which aggrieved the petitioners (see, Matter of Allstate Ins. Co. v Stewart, 36 AD2d 811, affd 29 NY2d 925; Matter of Edmead v McGuire, supra). The instant action was commenced on September 28, 1987, more than four months after the determination of the New York State Liquor Authority became final and binding upon the petitioners. Thus, the proceeding is time barred. In view of our decision finding the proceeding untimely, we do not rule on the merits of whether the beverages at issue were "wine products” as defined in Alcoholic Beverage Control Law §3 (36-a). Mangano, J. P., Lawrence, Sullivan and Balletta, JJ., concur.