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MATTER OF BOLOGNO v. O'CONNELL

7 N.Y.2d 155 (1959)

In the Matter of Angelo Bologno, Respondent, v. Bernard J. O'Connell, as Commissioner of Licenses of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Edward A. Doberman and Seymour B. Quel of counsel), for appellant.

John F. Fitzsimons for respondent.

Judges DYE, FULD, FROESSEL and VAN VOORHIS concur with Judge BURKE; Judge DESMOND dissents in an opinion in which Chief Judge CONWAY concurs.

BURKE, J.

The Commissioner of Licenses appeals, pursuant to permission, from a unanimous affirmance by the Appellate Division of an order of Special Term directing him to issue a junk license.

The petitioner applied for a license to conduct business as a junk dealer at 122-52 Montauk Street, Springfield Gardens, Long Island, New York. The records of the Department of Licenses indicate that the neighborhood...

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