MATTER OF BARRY v. O'CONNELL


277 A.D. 882 (1950)

In the Matter of Michael J. Barry, Respondent, v. John F. O'Connell et al., Individually and as Members of The State Liquor Authority, Appellants

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

June 12, 1950.


Order reversed on the law, with $50 costs and disbursements, and the proceeding dismissed, without costs.

The record discloses sufficient undisputed facts upon which the authority, to which the power to pass on the matter is given by statute, could reasonably have decided that respondent's application for a license should be denied. In view of such undisputed facts, no triable issue was presented which required determination, and there was no basis upon which either...

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