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MATTER OF MARCHI'S REST. v. HOSTETTER

21 A.D.2d 214 (1964)

In the Matter of Marchi's Restaurant, Inc., Respondent, v. Donald S. Hostetter et al., Constituting The State Liquor Authority of the State of New York, Appellants

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

May 19, 1964.

Attorney(s) appearing for the Case

Hyman Mark of counsel (Hyman Amsel, attorney), for appellants.

Israel F. Vogel for respondent.

STEVENS and STEUER, JJ., concur with McNALLY, J.; EAGER, J., dissents in opinion, in which BOTEIN, P. J., concurs.

McNALLY, J.

Appeal by leave of Special Term from an order denying respondents-appellants' motion to dismiss the petition for insufficiency. In this article 78 proceeding petitioner seeks a review of the determination of the appellants constituting the State Liquor Authority disapproving petitioner's application for a restaurant liquor license.

Petitioner owns and operates a restaurant at 247-251 East...

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