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MTR. OF ROCHESTER COLONY v. HOSTETTER

19 A.D.2d 250 (1963)

In the Matter of Rochester Colony, Inc., Respondent, v. Donald S. Hostetter et al., Constituting The State Liquor Authority, Appellants

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

July 1, 1963.

Attorney(s) appearing for the Case

Richard R. Jenczka, Hyman Amsel and John J. O'Hare for appellants.

Salzman, Salzman & Pheterson (Sidney J. Salzman of counsel), for respondent.

GOLDMAN, McCLUSKY and HENRY, JJ., concur; WILLIAMS, P. J., concurs in result.

HALPERN, J.

This is an appeal by the State Liquor Authority from an order of the Special Term, annulling a determination of the Authority which had disapproved the petitioner's application for a restaurant liquor license, and directing the Authority to issue the license.

On April 6, 1962, the petitioner filed an application for a license to sell liquor for consumption on the premises of a restaurant proposed...

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