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MTR. OF LE CLUB, INC. v. STATE LIQ. AUTH.

20 A.D.2d 110 (1963)

In the Matter of Le Club, Inc., Respondent, v. State Liquor Authority, Appellant, and Police Department of the City of New York, Respondent

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

December 17, 1963.

Attorney(s) appearing for the Case

Bartholomew A. Moynahan of counsel (Hyman Amsel, attorney), for appellant.

Charles H. Tuttle of counsel (Colby Stilson and Thomas A. Shaw, Jr., with him on the brief; Breed, Abbott & Morgan, attorneys), for Le Club, Inc., respondent.

BOTEIN, P. J., BREITEL, McNALLY, STEUER and BASTOW, JJ., concur.

Per Curiam.

The State Liquor Authority appeals from an order made in an article 78 proceeding annulling its determination refusing renewal of a club liquor license to petitioner and directing issuance of the license.

We conclude that the determination of the Authority was not arbitrary or capricious (cf. Matter of Fiore v. O'Connell, 297 N.Y. 260, 262). The consideration of an application for renewal...

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