MATTER OF RADIGAN v. O'CONNELL


304 N.Y. 396 (1952)

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

Court of Appeals of the State of New York.

Decided July 15, 1952


Attorney(s) appearing for the Case

Alvin McKinley Sylvester and John L. Murphy for appellants.

Monroe I. Katcher, II, for respondents.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur; CONWAY, J., not sitting.


Per Curiam.

We agree with the Appellate Division that there is no substantial evidence to support the determination of the State Liquor Authority that the licensee has ceased to conduct a bona fide restaurant in violation of section 118 of the Alcoholic Beverage Control Law. Under our view of the record, there is substantial evidence to support the determination of the State...

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