MATTER OF MARSHALL v. O'CONNELL


285 A.D. 855 (1955)

In the Matter of Gerald Marshall, as Administrator of The Estate of Sophia Marshall, Deceased, Respondent, v. John F. O'Connell et al., Constituting The State Liquor Authority, Appellants

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

January 12, 1955.


Per Curiam.

Petitioner-respondent's application for a renewal of his restaurant liquor license has been disapproved by the State Liquor Authority on the ground that the premises were not operated as a bona fide restaurant, in that they were not used and kept open for the servicing of meals as defined by the Alcoholic Beverage Control Law (§ 3, subd. 27), and that "food sales are low."

Inasmuch as the new matter set forth in appellant's answer has...

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