MATTER OF LANZILLI ENTERS., INC. v. NEW YORK STATE LIQUOR AUTH.


29 N.Y.2d 733 (1971)

In the Matter of Lanzilli Enterprises, Inc., Appellant, v. New York State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1971.


Attorney(s) appearing for the Case

Joseph R. Pisani and Arthur Harris Grae for appellant.

Peter A. Malia and Eli Ratner for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Dissent: Judges BREITEL and JASEN.


Order reversed, with costs, and the matter remitted to Special Term with directions to remand the application to the State Liquor Authority, in the following memorandum: Since the death of Mr. Lanzilli's son has resulted in a change in circumstances, and since the record before us is exceedingly meagre, the proceeding should be remitted to the Authority for further investigation and consideration of the merits of the application.

Judges BREITEL and JASEN dissent and...

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