MATTER OF FORMAN v. N. Y. S. LIQ. AUTH.


17 N.Y.2d 224 (1966)

In the Matter of Hermina Forman et al., Doing Business as Halsey Wine & Liquor Store, Appellants, v. New York State Liquor Authority et al., Respondents.

Court of Appeals of the State of New York.

Decided April 28, 1966.


Attorney(s) appearing for the Case

Robert W. Corcoran and Joseph C. Hilly for appellants.

Louis J. Lefkowitz, Attorney-General (Philip Weinberg and Samuel A. Hirshowitz of counsel), for New York State Liquor Authority, respondent.

Monroe I. Katcher, II, for Metropolitan Package Store Association, Inc., amicus curiæ.

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


Chief Judge DESMOND.

This order must be reversed and the matter remitted to the State Liquor Authority to develop a complete record as to the package store license application and to establish the basis for the Authority's conclusion that the grant of the license will promote "public convenience and advantage" (Alcoholic Beverage Control Law, §§ 2, 63, subd. 6).

In April, 1965, when the application...

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