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  5. 53 N.Y.2d 859 (1981)
 

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

53 N.Y.2d 859 (1981)

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

Court of Appeals of the State of New York.

Decided May 5, 1981.

Attorney(s) appearing for the Case

Stephen D. Kalinsky and Warren B. Pesetsky for appellant.

Eugene V. Natale for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The judgment should be reversed, with costs, and determination of the State Liquor Authority reinstated.

Inasmuch as the express factual finding made by the hearing officer, that the interdicted consumption of alcohol had taken place, would not be sufficient standing alone to support a violation of subdivision 5 of section 106, the question before us is whether the hearing officer found the second element...

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