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SEAGRAM & SONS v. HOSTETTER

16 N.Y.2d 47 (1965)

Joseph E. Seagram & Sons, Inc., et al., Appellants, v. Donald S. Hostetter et al., Constituting the State Liquor Authority, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Thomas F. Daly, Herbert Brownell, Gerard A. Navagh and Gene R. McHam for appellants.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, Paxton Blair and Robert L. Harrison of counsel), for respondents.

Harold E. Blodgett for Service Liquor Distributors and another, amici curiæ.

Judges DYE, VAN VOORHIS and SCILEPPI concur with Judge BERGAN; Chief Judge DESMOND dissents and votes to reverse in an opinion in which Judges FULD and BURKE concur.

BERGAN, J.

In 1963 in response to malfunctions in the administration of the State's liquor law and public dissatisfaction with controls on the sale of alcoholic beverages, the Governor appointed a Moreland Commission directed to make a "study and reappraisal" of the law.

In appointing the commission the Governor noted that since the enactment of the Alcoholic Beverage Control Law in 1934, soon after the...

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