MATTER OF KINDZIA v. STATE LIQUOR AUTH.


21 N.Y.2d 764 (1968)

In the Matter of Stella J. Kindzia, Appellant, v. State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided January 18, 1968.


Attorney(s) appearing for the Case

Augustine A. Mosco for appellant.

David M. Coffey, Hyman Amsel and Emanuel D. Black for respondent.

Concur: Chief Judge FULD and Judges BERGAN, KEATING, BREITEL and JASEN. Judges BURKE and SCILEPPI dissent in part and vote to reverse and reinstate the judgment of Special Term.


Order reversed, without costs, and matter remitted to Special Term for further proceedings in accordance with the following memorandum. The Appellate Division was correct in reversing the judgment of Special Term insofar as that judgment directed the granting of the license. There was ample data in the record upon which the Authority might have exercised its discretion and which could support its determination. It is not clear, however, that the Authority considered whether...

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