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MATTER OF TIRDELL v. STATE LIQUOR AUTH.

12 N.Y.2d 935 (1963)

In the Matter of Edward Tirdell et al., Doing Business as York Wines & Liquors, Respondents, v. State Liquor Authority, Appellant.

Court of Appeals of the State of New York.

Decided January 23, 1963.

Attorney(s) appearing for the Case

Emanuel D. Black and Hyman Amsel for appellant.

Thomas P. Dooney and Charles L. Hannelly for respondents.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Judge DYE dissents in the following opinion:

Order affirmed, without costs (cf. McDougal v. Malaghan, 184 N.Y. 253).

DYE, J. (dissenting).

I dissent and vote to reverse. In an article 78 proceeding to review a determination of the State Liquor Authority, approving the petitioners' application for removal of their licensed premises, the Special Term remitted the matter to the Authority for further consideration.

At the hearing held on such remand additional testimony was received...

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