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MATTER OF STERN v. McCAFFREY

279 A.D. 461 (1952)

In the Matter of Henry Stern, Respondent, v. Edward T. McCaffrey, as Commissioner of Licenses of The City of New York, Appellant

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

March 11, 1952.

Attorney(s) appearing for the Case

Henry J. Shields and Seymour B. Quel of counsel (Denis M. Hurley, Corporation Counsel, attorney), for appellant.

Sidney Grossman for respondent.

COHN, CALLAHAN and BERGAN, JJ., concur in Per Curiam opinion; PECK, P. J., concurs for reversal in opinion; VAN VOORHIS, J., dissents and votes to affirm, in opinion.

Per Curiam.

The commissioner of licenses of the city of New York has been directed by the order appealed from to issue to petitioner a license for a newsstand on the sidewalk at 125th Street and Lenox Avenue, borough of Manhattan. The commissioner had denied the license upon the ground that petitioner was not qualified to obtain it under section B32-59.0 of the Administrative Code of the City of New York, which regulates...

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