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MATTER OF GITLIN v. HOSTETTER

27 N.Y.2d 934 (1970)

In the Matter of Melvin Gitlin, Doing Business as Knobby's Restaurant, Appellant, v. Donald S. Hostetter et al., Constituting the State Liquor Authority, Respondents.

Court of Appeals of the State of New York.

Decided December 9, 1970.

Attorney(s) appearing for the Case

Emanuel Gellman for appellant.

Joseph J. Micare and Eli Ratner for respondents.

Chief Judge FULD and Judges BURKE, BREITEL and JASEN concur in a memorandum; Dissent: Judges SCILEPPI and BERGAN.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to the State Liquor Authority to make appropriate findings. Lacking findings of fact the determination may not stand (Matter of New York Water Serv. Corp. v. Water Power & O'Control Comm., 283 N.Y. 23; cf. Matter of Barry v. O'Connell, 303 N.Y. 46, 51-52). In the circumstances...

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