MTR. OF McGINNIS' REST. v. ROHAN


6 A.D.2d 115 (1958)

In the Matter of McGinnis' Broadway Rest., Inc., Respondent, v. Thomas E. Rohan et al., Constituting The State Liquor Authority, Appellants

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

July 1, 1958.


Attorney(s) appearing for the Case

Emanuel D. Black of counsel (Oscar A. Bloustein, Counsel, State Liquor Authority), for appellants.

Hyman N. Glickstein of counsel (Daniel W. Meyer with him on the brief; Boudin, Cohn & Glickstein, attorneys), for respondent.

BREITEL, J. P., VALENTE and STEVENS, JJ., concur with BASTOW, J.; RABIN, J., dissents, in part, in opinion.


BASTOW, J.

The petitioner in this article 78 proceeding to review an order of the State Liquor Authority concedes that there is substantial evidence to sustain the finding that on June 24, 1956 petitioner sold an alcoholic beverage to a youth of the age of 15 years and 5 months. The sole question presented upon this appeal is whether the Authority abused its discretion in ordering that petitioner's license be...

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