MTR. OF ALRO LIQS. v. STATE LIQ. AUTH.


29 A.D.2d 271 (1968)

In the Matter of Alro Liquors, Inc., Respondent, v. New York State Liquor Authority, Appellant

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

February 22, 1968.


Attorney(s) appearing for the Case

David M. Coffey and Hyman Amsel for appellant.

Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer (James A. O'Shea of counsel), for respondent.

WILLIAMS, P. J., HENRY and DEL VECCHIO, JJ., concur with GOLDMAN, J.; MARSH, J., dissents and votes to reverse and deny the application, in opinion.


GOLDMAN, J.

Plaintiff-petitioner applied for a package store liquor license for premises located in an enclosed shopping center known as the Greece Towne Mall in the Town of Greece which adjoins Rochester and has a population in excess of 70,000. The center which was recently constructed contains 62 retail outlets for national shops, local department stores and other establishments which sell merchandise of almost...

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