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AFFILIATED DISTILLERS v. STATE LIQ.

29 A.D.2d 358 (1968)

In the Matter of Affiliated Distillers Brands Corp., Respondent, v. State Liquor Authority, Appellant

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

March 12, 1968.

Attorney(s) appearing for the Case

Lawrence Kunin of counsel (Hyman Amsel with him on the brief), for appellant.

O. John Rogge of counsel (Milton C. Weisman and Roy H. Carlin with him on the brief; Weisman, Celler, Allan, Spett & Sheinberg, attorneys), for respondent.

EAGER, J. P., STEUER and McNALLY, JJ., concur with TILZER, J.; RABIN, J., dissents in opinion.

TILZER, J.

The appellant State Liquor Authority on June 21, 1967 disapproved the petitioner's application for a brand label registration for its Ancient Age Kentucky Straight Bourbon, 86 Proof, eight-year-old liquor. The Authority acted on the ground that the application was designed to circumvent the affirmation section of the Alcoholic Beverage Control Law (§ 101-b, subd. 3, par. [d]; L. 1964, ch. 531...

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