MATTER OF NESHAMINY, INC. v. HASTINGS


64 A.D.2d 830 (1978)

In the Matter of Neshaminy, Inc., Doing Business as Club West Indies, Appellant, v. Thomas Hastings, as Chief of Police of The City of Rochester, Respondent

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

July 13, 1978


Judgment unanimously reversed, without costs, and matter remitted to respondent Hastings for further proceedings in accordance with memorandum.

Memorandum:

Petitioner operates a tavern in the City of Rochester known as the Club West Indies. Upon the denial of its application for a class D amusement license to permit dancing and live entertainment at the premises, petitioner instituted this article 78 proceeding to compel the issuance of the license. The grounds...

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