MATTER OF THEODORE v. STATE LIQUOR AUTH.


16 A.D.2d 1035 (1962)

In the Matter of Frank Theodore, Individually and as Executor of Stella Theodore, Deceased, Petitioner, v. State Liquor Authority, Respondent

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

June 27, 1962


Determination modified by dismissing charges 2 and 3 and by remanding the proceeding to the board to reassess and redetermine the penalty imposed, in accordance with the memorandum and, as so modified, determination unanimously confirmed, without costs.

Memorandum:

There is ample evidence to sustain charge 1. However, there is no evidence to sustain either charge 2 or 3. Both of these last two charges are founded upon the basic allegation that the licensee...

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