MATTER OF GIOVATTO v. O'CONNELL


278 A.D. 371 (1951)

In the Matter of Thomas Giovatto, Respondent, v. John F. O'Connell et al., Constituting The State Liquor Authority, Appellants

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

June 20, 1951.


Attorney(s) appearing for the Case

Alvin McKinley Sylvester for appellants.

Louis J. Lefkowitz of counsel (Hyman D. Siegel with him on the brief; Louis J. Lefkowitz, attorney), for respondent.

PECK, P. J., DORE, SHIENTAG and HEFFERNAN, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents and votes to affirm, in opinion.


Per Curiam.

In this proceeding, the State Liquor Authority appeals from an order of the Special Term which annulled its determination disapproving an application for renewal of a restaurant liquor license and directed the issuance of such license. There is evidence in the record that on six separate occasions homosexuals were arrested charged with loitering in the premises for the purpose of soliciting men to commit unnatural acts, and were subsequently convicted...

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