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MATTER OF ACKER M. & C. CO. v. NEW YORK S. LIQ. AUTH.

282 A.D. 638 (1953)

In the Matter of Acker Merrall & Condit Company et al., Respondents-Appellants, v. New York State Liquor Authority et al., Appellants-Respondents

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

November 10, 1953.

Attorney(s) appearing for the Case

John Lane of counsel (Elvin I. Unterman and Sullivan, Donovan, Heenehan & Hanrahan, attorneys), for respondents-appellants.

Philip Wilens of counsel (William Hoppen with him on the brief; Alvin McKinley Sylvester, attorney), for State Liquor Authority and another, appellants-respondents.

Monroe I. Katcher, II, for Bob's Corked Liquors, Inc., appellant-respondent.

Present — PECK, P. J., DORE, CALLAHAN, BREITEL and BASTOW, JJ.

PECK, P. J.

In an article 78 (Civ. Prac. Act.) proceeding, instituted by owners of retail liquor stores in the vicinity of Broadway and 88th Street, borough of Manhattan, the court has annulled, as an abuse of discretion, a determination of the State Liquor Authority permitting the removal of a retail liquor store operated by respondent, Bob's Corked Liquors, Inc., from Queens Village to 215 West 88th Street,...

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