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MATTER OF GONZALEZ v. O'CONNELL

278 A.D. 463 (1951)

In the Matter of Lena Gonzalez, Respondent, v. John F. O'Connell et al., Individually and as Members of The State Liquor Authority, Appellants

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

June 29, 1951.

Attorney(s) appearing for the Case

Harry F. Karst of counsel (Alvin McKinley Sylvester, attorney), for appellants.

Monroe I. Katcher, II, of counsel (Jerome S. Heller with him on the brief; Monroe I. Katcher, II, attorney), for respondent.

GLENNON and SHIENTAG, JJ., concur with PECK, P. J.; COHN, J., dissents in opinion in which DORE, J., concurs.

PECK, P. J.

The petitioner owns a restaurant which has had a wine license since 1942 and a liquor license since 1946. Since 1942, when she married and purchased the restaurant, she has employed her husband as bartender and manager. He had been employed in the restaurant prior to petitioner's acquiring it. He had been convicted of vagrancy in the year 1927. The vagrancy consisted of becoming intoxicated with other...

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