MATTER OF O'MEALLY v. ROHAN


286 A.D. 872 (1955)

In the Matter of Edmund C. O'Meally, Petitioner, v. Thomas E. Rohan et al., Individually and as Members of The State Liquor Authority, Respondents

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

June 20, 1955.


Determination annulled, without costs, and matter remitted to respondents for rehearing and action not inconsistent herewith.

Whether the first finding is supported by substantial evidence depends upon whether the use of petitioner's premises for a restaurant was a permissible non-conforming use under the zoning ordinance. Inasmuch as the record does not disclose the effective date of the zoning ordinance, insofar as it was applicable to these premises, or the use...

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