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MTR. OF GROSS v. ALCOHOLIC CONTROL BD.

19 Misc.2d 293 (1959)

In the Matter of Max Gross, Petitioner, v. New York City Alcoholic Beverage Control Board et al., Respondents.

Supreme Court, Special Term, New York County.

July 15, 1959.

Attorney(s) appearing for the Case

Monroe I. Katcher, II, for petitioner.

Hyman Amsel, Emanuel D. Black and John J. Hyland for respondents.

Cohen & Sheen for United Restaurant Liquor Dealers of Manhattan, Inc., amicus curiæ.

HENRY EPSTEIN, J.

Petitioner seeks to compel respondents to accept his application for a liquor license for on-premises consumption and to have rule 45 of the respondent board declared invalid. Petitioner's license is for sale of beer and cider at retail in his restaurant. Application for on-premises sale of hard liquor, etc., has been refused. Petitioner must show a clear right to the relief sought (Colucci v. O'Connell, 129 N.Y.S.2d 613, affd...

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