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MATTER OF BRENNER v. O'CONNELL

308 N.Y. 636 (1955)

In the Matter of Roy Brenner, Appellant, v. John F. O'Connell et al., Individually and as Members of The State Liquor Authority, Respondents.

Court of Appeals of the State of New York.

Decided June 9, 1955

Attorney(s) appearing for the Case

Monroe I. Katcher, II, for appellant.

Alvin McKinley Sylvester and Robert W. Corcoran for respondents.

DESMOND and DYE, JJ., concur with CONWAY, Ch. J.; FULD, J., concurs in a separate memorandum; BURKE, J., dissents in an opinion in which FROESSEL and VAN VOORHIS, JJ., concur.

CONWAY, Ch. J.

On November 21, 1952, the appellant submitted a written request to the State Liquor Authority to accept an application for a package liquor store license in the village of Massapequa Park in Nassau County. The basis for this request was the allegation that there had been a decrease of one retail liquor store license in the County of Nassau between 1948...

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