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MATTER OF BARRY v. O'CONNELL

303 N.Y. 46 (1951)

In the Matter of Michael J. Barry, Appellant, v. John F. O'Connell et al., Individually and as Members of The State Liquor Authority, Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Monroe I. Katcher, II, and Jerome S. Heller for appellant.

Alvin McKinley Sylvester for respondents.

CONWAY and FROESSEL, JJ., concur with LEWIS, J.; FULD, J., concurs for reversal in separate opinion; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., and DYE, J., concur.

LEWIS, J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the State Liquor Authority which disapproved an application by the petitioner-appellant for a license to sell liquor for off-premises consumption at a site in the hamlet of Verplanck, Westchester County, New York.

Although Verplanck has a population of between 2,100 and 2,350, which increases to 5,000...

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