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  5. 77 A.D.2d 894 (1980)
 

MATTER OF ELMARTH BAR & GRILL, INC. v. STATE LIQUOR AUTH.

77 A.D.2d 894 (1980)

In the Matter of Elmarth Bar & Grill, Inc., Petitioner, v. State Liquor Authority, Respondent

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

August 11, 1980

Petition granted and determination annulled, on the law, without costs or disbursements, and charges dismissed.

The police officer whose testimony constituted respondent's entire case at the hearing testified, inter alia, that on the morning in question he saw one individual, an employee of the petitioner, drinking a beer on the licensed premises shortly after 4:30 A.M. and that, upon inquiry, the licensee's principal...

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