AFFILIATED DISTILLERS v. STATE LIQ. AUTH.


32 A.D.2d 336 (1969)

In the Matter of Affiliated Distillers Brands Corp., Petitioner, v. State Liquor Authority, Respondent In the Matter of Renfield Importers, Ltd., Petitioner, v. State Liquor Authority, Respondent In the Matter of "21" Brands, Inc., Petitioner, v. State Liquor Authority Respondent In the Matter of Victor Fischel & Co., Inc., Petitioner, v. State Liquor Authority, Respondent In the Matter of Austin, Nichols & Co., Inc., Petitioner, v. State Liquor Authority, Respondent In the Matter of McKesson Liquor Co., Division of Foremost-McKesson, Inc., Petitioner, v. State Liquor Authority, Respondent In the Matter of Paul Masson, Inc., Petitioner, v. State Liquor Authority, Respondent

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

June 24, 1969.


Attorney(s) appearing for the Case

O. John Rogge of counsel (Steven A. Chernis and Max J. Halpern with him on the brief; Weisman, Celler, Allan, Spett & Sheinberg, attorneys), for Affiliated Distillers Brands Corp., petitioner.

Irving J. Seaver of counsel (Nathaniel Kaplan, attorney), for Renfield Importers, Ltd., petitioner.

William B. Schreiber of counsel (Lester H. Schreiber with him on the brief; Schreiber & Schreiber, attorneys), for "21" Brands, Inc., and others, petitioners.

M. David Tell of counsel (Galef & Jacobs, attorneys), for Paul Masson, Inc., petitioner.

Brenda Soloff of counsel (Samuel A. Hirshowitz with her on the brief; Louis J. Lefkowitz, Attorney-General), for respondent.

EAGER, J. P., CAPOZZOLI, McGIVERN and STEUER, JJ., concur.


McNALLY, J.

These seven article 78 proceedings present the common issue of the applicability of section 101-b (subd. 3, par. [d]) of the Alcoholic Beverage Control Law ("ABC Law") to the transactions hereafter described.

On February 10, 1964, in a special message to the Legislature, the Governor urged the enactment of proposed amendments to the ABC Law recommended by the Moreland Commission in a report...

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