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MTR. OF RETAIL LIQ. v. HOSTETTER

52 Misc.2d 947 (1967)

In the Matter of Retail Liquor Stores Association of Western New York, Inc., Petitioner, v. Donald S. Hostetter et al., Constituting the State Liquor Authority, et al., Respondents.

Supreme Court, Erie County.

February 14, 1967

Attorney(s) appearing for the Case

Flaherty & Shea (James P. Shea of counsel), for petitioner. Hyman Amsel and David M. Coffey for State Liquor Authority, respondent. Berg & Basil (Jerome Carrel of counsel), for Park Edge Liquors, Inc., respondent. Charles Tuppen for Courier Express, amicus curiæ.

FRANK J. KRONENBERG, J.

Retail Liquor Stores Association of Western New York, Inc. has instituted an article 78 proceeding seeking a judgment directing the State Liquor Authority to enforce the provisions of subdivision 19 of section 105 of the Alcoholic Beverage Control Law, by prohibiting Park Edge Liquors, Inc. from advertising the price of liquor.

Petitioner also seeks judgment pursuant to CPLR 6311 restraining Park Edge Liquors, Inc. from...

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