MATTER OF MIRR v. O'CONNELL


278 A.D. 692 (1951)

In the Matter of Frederick J. Mirr et al., Partners Doing Business under the Name of D & M Grocery and Delicatessen, Respondents, v. John F. O'Connell et al., Constituting The New York State Liquor Authority, Appellants

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

March 27, 1951.


Order reversed, with $20 costs and disbursements, and the petition dismissed on the ground that while the action of the State Liquor Authority in denying the petitioners' application for a license to sell beer at retail for off-premises consumption may, under the circumstances, have been harsh, it cannot be said that its action was arbitrary and without any substantial basis.

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