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MATTER OF KAPLAN v. ROHAN

8 A.D.2d 270 (1959)

In the Matter of Moe Kaplan et al., Respondents, v. Thomas E. Rohan et al., Constituting The State Liquor Authority of the State of New York, Appellants

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

June 17, 1959.

Attorney(s) appearing for the Case

Abraham Weinstein, Oscar A. Bloustein and Emanuel D. Black for appellants.

Levine & Levine (Lazarus I. Levine of counsel), for respondents.

FOSTER, P. J., BERGAN, HERLIHY and REYNOLDS, JJ., concur.

GIBSON, J.

The State Liquor Authority appeals from a Special Term order which denied its motion to dismiss the petition in an article 78 proceeding brought to review and annul the Authority's denial of a waiver of its rule 45. The waiver was sought by petitioners to enable them to apply for a restaurant liquor license. The motion to dismiss was upon the ground that the denial of a waiver is not subject to review...

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