AFFILIATED DISTILLERS v. STATE LIQ. AUTH.


24 N.Y.2d 31 (1969)

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

Court of Appeals of the State of New York.

Decided February 20, 1969.


Attorney(s) appearing for the Case

O. John Rogge, Milton C. Weisman, Roy H. Carlin, Max J. Halpern and Harold Bookman for appellant.

Milton Koerner and Hyman Amsel for respondent.

Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN concur with Chief Judge FULD; Judge BREITEL dissents and votes to affirm in a separate opinion.


Chief Judge FULD.

The State Liquor Authority, in June of 1967, disapproved the application of the petitioner, Affiliated Distillers, for a brand label registration for its "Ancient Age Kentucky Straight Bourbon Whiskey, 86 Proof, 8 Years Old." The question on this appeal is whether, in so doing, the Authority exceeded the discretion given it by section 107-a of the Alcoholic Beverage Control Law (infra...

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