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MATTER OF MENDILLO v. STATE LIQUOR AUTH.

31 A.D.2d 974 (1969)

In the Matter of Patsy M. Mendillo et al., Doing Business as Mendillo's, Petitioners, v. State Liquor Authority et al., Respondents

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

March 31, 1969

Determination annulled, on the law, with costs, insofar as it has been presented for review and Charges 1 and 2 are dismissed. The evidence is not conflicting as to whether petitioners allowed their license to be utilized by another. In our opinion the circumstances admit of only one inference, namely, that the person in question was employed to manage the licensed premises (cf. Matter of Radigan v. O'Connell, 304 N.Y. 396, 399).

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