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6 N.J.A.R. 432

Sir Chancellor Corp. v. City of Newark
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Citation: 6 N.J.A.R. 432
Decision Date: 1982
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: Appellant sought reversal of the City of Newark's approval of a person-to-person transfer of a plenary retail consumption license. The appellant argued that the public welfare was not served by the transfer because legitimate claims of creditors were substantially impaired by the transfer. The administrative law judge assigned to the case affirmed the transfer of the license determining that any attempted withdraw of a consent to a transfer once it has been validly executed is prohibited. The judge noted that there was no argument that the consent to the transfer was defective on its face or otherwise invalid. The judge determined that if appellant wished to pursue his claims that the transfer was against the interest of creditors his remedy would be in a court of law. Accordingly, the petiton of appeal was dismissed. Harvey Schwartzberg, Esq., for appellant Gene Trunce!!ito, Assistant Corporation Counsel, for respondent, City of Newark David Piltzer, Esq., for respondent, Staco, Inc. (Piltzer & Piltzer, attorney)
Statute(s) Cited: 33:1-26 
Citation Tracker modified-Bd. of Trustees; remanded-181 N.J. Super. 434 (App. Div. 1981) [Updated through 1991]