MATTER OF MOSCHINI v. O'CONNELL


276 A.D. 838 (1949)

In the Matter of Charles C. Moschini, Respondent, v. John F. O'Connell et al., Constituting The State Liquor Authority, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.


Order affirmed, with $20 costs and disbursements to the respondent.

COHN, J. (dissenting).

Petitioner sought and was granted a hearing to demonstrate that the respondents' determination was based on a misapprehension of the application. On the hearing petitioner conceded that the description of the physical layout of the proposed premises contained in his application was misleading. Thus through the fault of the petitioner, respondents obtained...

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