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LUBLINER v. BD. OF ALCOHOLIC BEV. CON., PATERSON

59 N.J. Super. 419 (1960)

158 A.2d 54

MORRIS LUBLINER AND CONGREGATION LENATH HAZEDIC, APPELLANTS-APPELLANTS, v. BOARD OF ALCOHOLIC BEVERAGE CONTROL FOR THE CITY OF PATERSON AND AUGUSTUS HUTCHINS, T/A HUTCH'S TAVERN, AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1960.

Attorney(s) appearing for the Case

Mr. Louis Schwartz argued the cause for the appellants-appellants (Schwartz & Schwartz, attorneys).

Mr. John E. Selser argued the cause for the respondent-respondent, Augustus Hutchins (Mr. Charles Turndorf, attorney; Mr. Gary O. Turndorf, on the brief).

Mr. William J. Rosenberg argued the cause for the respondent-respondent, Board of Alcoholic Beverage Control for the City of Paterson (Mr. Harry Smith, attorney).

Mr. Samuel B. Helfand, Deputy Attorney General, argued the cause for the respondent-respondent, Division of Alcoholic Beverage Control (Mr. David D. Furman, Attorney General).

Before Judges PRICE, GAULKIN and SULLIVAN.

The opinion of the court was delivered by GAULKIN, J.A.D.

Paterson's three-man Board of Alcoholic Beverage Control granted a place to place transfer to "Hutch's Tavern" by a two to one vote. Upon appeal the Director of the Division of Alcoholic Beverage Control affirmed. Appellants ask us to reverse.

Appellants' first point is that "the Director of the Division should have reversed the local A.B.C. Board on the principle

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