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MATTER OF SAN ANITA WINE CORP. v. O'CONNELL

277 A.D. 883 (1950)

In the Matter of San Anita Wine Corp., Petitioner, v. John F. O'Connell et al., Individually and as Members of The State Liquor Authority, Respondents

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

June 12, 1950.

The first charge is insufficient, as a matter of law, to constitute a violation of subdivision 3 of section 101-b of the Alcoholic Beverage Control Law. It does not allege that no schedule as contemplated by said subdivision was filed; and the prohibition against the sale of a brand wine was not evoked by the mere fact that the petitioner, as a seller, had not filed a schedule. In our opinion, the findings as to the second and third...

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