MATTER OF WHALEY v. STATE LIQUOR AUTH.


21 A.D.2d 977 (1964)

In the Matter of Nan B. Whaley et al., Respondents, v. State Liquor Authority, Appellant

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

September 25, 1964


Order unanimously modified to provide that the determination of the respondent Liquor Authority is annulled and otherwise the petition is denied and the matter remitted to the respondent for further proceedings in accordance with the memorandum, without costs of this appeal to either party.

Memorandum:

In the exercise of a proper discretion, this matter should have been remitted to the State Liquor Authority instead of directing the issuance of a license....

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