MATTER OF FRASER v. HOSTETTER


47 Misc.2d 534 (1965)

In the Matter of Harold H. Fraser, Petitioner, v. Donald S. Hostetter et al., Individually and Constituting the State Liquor Authority, Respondents.

Supreme Court, Special and Trial Term, New York County.

July 26, 1965


Attorney(s) appearing for the Case

Arthur M. Laufer for petitioner. Hyman Amsel and Hyman Mark for respondents.


MORRIS E. SPECTOR, J.

This is a proceeding pursuant to article 78, CPLR, to review and set aside an order of the respondents which disapproved petitioner's application for a "package liquor store license". The disapproval was based on the fact that petitioner's lease was a percentage of sales against a minimum rental, and that his landlord had leased a store in a different location to another applicant for a license on a similar lease.

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