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MATTER OF INTINO v. HOSTETTER

29 A.D.2d 831 (1968)

In the Matter of John Intino, Jr., Respondent, v. Donald S. Hostetter et al., Constituting The State Liquor Authority, Appellants

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

February 15, 1968

Motion for reargument denied, without costs.

Memorandum:

We recognize that in this proceeding no hearing was held within the meaning of CPLR 7803 (subd. 4). The issue presented was whether the determination was arbitrary and capricious or an abuse of discretion (CPLR 7803, subd. 3). Normally this would be an issue to be passed upon in the first instance by Special Term subject to review on appeal by this court. In the unusual posture, however, that the proceeding...

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