MATTER OF BENJAMIN v. LIQUOR AUTH.


17 A.D.2d 71 (1962)

In the Matter of Edward E. Benjamin, Doing Business as Cedar Restaurant, Respondent, v. State Liquor Authority of the State of New York, Appellant In the Matter of Walter Grundman, Respondent, v. State Liquor Authority of the State of New York, Appellant

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

July 26, 1962.


Attorney(s) appearing for the Case

Hyman Amsel (Bartholomew A. Moynahan and Emanuel D. Black of counsel), for appellant.

Charles J. Bellew for respondents.

GIBSON, HERLIHY and REYNOLDS, JJ., concur in Per Curiam opinion; BERGAN, P. J., dissents and votes to reverse and to confirm the suspension orders, in a memorandum, in which TAYLOR, J., concurs.


Per Curiam.

The facts involved are not disputed. Petitioners are operators of taverns in Johnson City and Town of Maine, N. Y., respectively. Both had liquor licenses for the periods October 1, 1958 to September 30, 1959 and October 1, 1959 to September 30, 1960. In 1960 when their licenses came up for renewal the State Liquor Authority had reason to believe that violations had occurred during the Summer of 1959. Due...

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