VALENZA v. STATE OF NEW YORK


14 Misc.2d 128 (1942)

Emanuel Valenza, Claimant, v. State of New York, Defendant. (Claim No. 26193.)

Court of Claims.

September 29, 1942.


Attorney(s) appearing for the Case

Dominick V. Urgo for claimant.

John J. Bennett, Jr., Attorney-General (Martin P. O'Leary of counsel), for defendant.

GREENBERG, J., concurs with BARRETT, P. J.; FITZSIMMONS, J., dissents in opinion.


JAMES J. BARRETT, P. J.

Section 127 of the Alcoholic Beverage Control Law provides in part as follows:

"§ 127. Surrender and cancellation of licenses; payment of refunds; notice to police officials. "1. If a person holding a license to traffic in alcoholic beverages under the provisions of this chapter, against whom no complaint, prosecution or action is pending on account of any violation...

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