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MATTER OF FORMAN v. NEW YORK STATE LIQUOR AUTH.

21 N.Y.2d 984 (1968)

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

Court of Appeals of the State of New York.

Decided April 11, 1968.

Attorney(s) appearing for the Case

Emanuel D. Black, Hyman Amsel and Stanley Stein for New York State Liquor Authority and another, appellants.

Robert W. Corcoran for respondents.

Monroe I. Katcher, II, for Pierse's Broadway Wine & Liquor Co., Inc., amicus curiae.

Concur: Judges BURKE, SCILEPPI, KEATING and JASEN. Dissent: Chief Judge FULD and Judges BERGAN and BREITEL.

Order affirmed, with costs against appellants Authority and board, in the following memorandum: We agree with the Appellate Division that the record developed by the State Liquor Authority after remand by us still is inadequate to establish a reasonable or rational basis for the Authority's conclusion that the issuance of a license to the applicant would promote the "public convenience and advantage". (Matter of Forman v. New York State Liq. Auth.,

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