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MATTER OF PLAYDIUM, INC., v. O'CONNELL

276 A.D. 14 (1949)

In the Matter of Playdium, Inc., Petitioner-Respondent, v. John F. O'Connell et al., Constituting The New York State Liquor Authority, Respondents-Appellants

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

November 16, 1949.

Attorney(s) appearing for the Case

Poskanzer & Muffson for petitioner-respondent.

Alvin McKinley Sylvester, attorney (John Di Leonardo of counsel), for respondents-appellants.

BREWSTER and BERGAN, JJ., concur, with DEYO, J.; SANTRY, J., dissents, in an opinion in which FOSTER, P. J., concurs.

DEYO, J.

Petitioner applied for a license for the sale of alcoholic beverages for on-premises consumption which was denied for the following reasons:

"The Prior record for law observance of the Premises sought to be licensed is such that the issuance of a new license would create a high degree of risk in the administration and enforcement of the Alcoholic Beverage Control Law. "The Prior record...

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