MATTER OF BARNETT v. O'CONNELL


279 A.D. 449 (1952)

In the Matter of Gertrude Barnett, Petitioner, v. John F. O'Connell et al., Constituting The New York State Liquor Authority, Respondents

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

March 12, 1952.


Attorney(s) appearing for the Case

David Levene for petitioner.

Alvin McKinley Sylvester and William Hoppen for respondents.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.


BERGAN, J.

The suspension of petitioner's retail liquor license in Binghamton is based on a charge that a bottle of liqueur was sold on December 9, 1950, to a boy who three days before had become seventeen years of age. This is a violation of statute (Alcoholic Beverage Control Law, § 65).

The boy was then 5 feet 8½ inches tall and weighed 144 pounds, but if he was "actually" under eighteen years...

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