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MATTER OF McNULTY v. STATE LIQ. AUTH.

48 Misc.2d 653 (1965)

In the Matter of Theodore P. McNulty, Petitioner, v. State Liquor Authority et al., Respondents.

Supreme Court, Special Term, Queens County.

April 19, 1965

Attorney(s) appearing for the Case

Bornstein & Bornstein (David Bornstein of counsel), for petitioner. Hyman Amsel and Lawrence Kunin for State Liquor Authority, respondent. Reavis & McGrath (Carl Kaplan of counsel), for Barmat Corp., respondent.

J. IRWIN SHAPIRO, J.

Petitioner brings this proceeding pursuant to the provisions of section 123 of the Alcoholic Beverage Control Law to restrain the respondent Barmat Corp. from selling or trafficking in liquor. The respondent State Liquor Authority has approved, but has not yet issued, an off-premises liquor license to Barmat.

By way of an order to show cause, petitioner seeks an order temporarily and permanently restraining Barmat, "pursuant...

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