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ROSENKRANZ v. VASSALLO, JR., DIR. OF STATE DIV.

193 N.J. Super. 319 (1984)

473 A.2d 991

SIDNEY ROSENKRANZ AND RICHARD FERNANDEZ, PLAINTIFFS-APPELLANTS, v. JOHN F. VASSALLO, JR., DIRECTOR OF THE STATE DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1984.

Attorney(s) appearing for the Case

Richard L. Gruber argued the cause for appellants (Mayer and Mayer, attorneys; Richard L. Gruber, of counsel and on the brief).

Carol L. Widemon, Dep. Att'y Gen., argued the cause for respondent (Irwin I. Kimmelman, Att'y Gen. of New Jersey, attorney for respondent; Deborah T. Poritz, Dep. Att'y Gen., of counsel, Carol L. Widemon on the briefs).

Before Judges MICHELS, KING and DREIER.

The opinion of the court was delivered by MICHELS, P.J.A.D.

Plaintiffs Sidney Rosenkranz and Richard Fernandez appeal from an administrative action of John F. Vassallo, Jr., Director of the New Jersey Division of Alcoholic Beverage Control ("Division"), contained in Bulletin No. 2430, Item No. 3, issued on March 31, 1983, which prohibited the placing of certain video poker and other similar machines on liquor licensed premises. Item 3 of the Bulletin provided:

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