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TZE CHUN LIAO v. BANKING DEPT

74 N.Y.2d 505 (1989)

In the Matter of Tze Chun Liao, Doing Business as Money Express Check Cashing Service, Appellant, v. New York State Banking Department, Respondent.

Court of Appeals of the State of New York.

Decided November 28, 1989.

Attorney(s) appearing for the Case

Jerald D. Kreppel for appellant.

Robert Abrams, Attorney-General (Charles F. Sanders, O. Peter Sherwood, Harvey M. Berman and Judith T. Kramer of counsel), for respondent.

Gerald Goldman for The Check Cashers Association of New York, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

Appellant Tze Chun Liao seeks to annul a determination of the New York State Banking Department denying him a check casher license at his stationery store location in The Bronx. The Department used "destructive competition" as the ground for denial, having almost simultaneously considered and licensed a satellite for a city-wide check cashing corporation in close proximity to Mr. Liao's desired...

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