MATTER OF FRIENDLY WINE & LIQUOR STORE, INC. v. NEW YORK STATE LIQUOR AUTH.


283 A.D. 808 (1954)

In the Matter of Friendly Wine and Liquor Store, Inc., Petitioner, v. New York State Liquor Authority, Respondent

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

March 15, 1954.


Determination annulled, with $50 costs and disbursements.

There was no substantial evidence before respondent to support its determination.

Nolan, P. J., and Adel, J., dissent and vote to confirm the determination, with the following memorandum:

The record discloses substantial evidence and a rational basis for the determination made. Such being the case, we may not consider the fact that there was conflicting evidence, nor may we weigh the evidence...

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