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  5. 33 N.Y.2d 813 (1973)
 

MATTER OF BERGANSKY v. STATE OF NEW YORK LIQUOR AUTH.

33 N.Y.2d 813 (1973)

In the Matter of Charles Bergansky, Appellant, v. State of New York Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

Joel Berger, Stephen Shestakofsky and Robert Andrew Kline for appellant.

Louis J. Lefkowitz, Attorney-General (Michael Colodner, Samuel A. Hirshowitz and Stephen P. Seligman of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN and GABRIELLI concur in memorandum; Judge JONES dissents and votes to reverse in a separate opinion in which Judge WACHTLER concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed. With the further passage of time because this matter has been pending in litigation, petitioner may now be able to satisfy the Authority of his rehabilitation and to persuade it that an automatic debarment by reason of his criminal record is not appropriate. Hence, this determination is without prejudice to renewal by him of his application for permission...

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