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MATTER OF OSBRO REST., INC. v. NEW YORK STATE LIQUOR AUTH.

44 A.D.2d 549 (1974)

In the Matter of Osbro Restaurant, Inc., et al., Petitioners, v. New York State Liquor Authority et al., Respondents

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

March 25, 1974

Concededly, the premises have an adverse license and police record and one of the brothers of petitioner's sole principal (erroneously referred to as a "convicted felon" by the Authority) was present at the restaurant sought to be licensed when the underworld figure Joey Gallo was fatally shot therein. However, on the record before us, we find insufficient factual support for the Authority's refusal to credit petitioner's uncontradicted...

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