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MTR. OF STUART & STUART v. LIQ. AUTH.

29 A.D.2d 176 (1968)

In the Matter of Stuart & Stuart, Inc., et al., Respondents, v. New York State Liquor Authority, Appellant In the Matter of 2nd Ave. Living Room, Inc., Respondent, v. New York State Liquor Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 30, 1968.

Attorney(s) appearing for the Case

Lawrence Kunin of counsel (Hyman Amsel, attorney), for appellant.

Norman H. Dachs of counsel (Charles M. Kagan, attorney), for Stuart & Stuart, Inc., and others, respondents.

Norman H. Dachs of counsel (Charles M. Kagan, attorney), for 2nd Ave. Living Room, Inc., respondent.

STEVENS, P. J., STEUER, TILZER, McGIVERN and McNALLY, JJ., concur.

Per Curiam.

The petitioners' applications for restaurant liquor licenses, each more than 10 months old, miscarried. The respondent-appellant Authority failed to act upon the local board's approval of the applications because it was engaged in a recall proceeding instituted in August, 1966 affecting the present licensee of the two premises. Mandamus does not lie in the circumstances to compel the respondent to approve...

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