MATTER OF DE COURSEY v. O'CONNELL


281 A.D. 303 (1953)

In the Matter of Joseph F. De Coursey, Petitioner, v. John F. O'Connell et al., Constituting The New York State Liquor Authority, Respondents

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

March 3, 1953.


Attorney(s) appearing for the Case

David O. Kuh for petitioner.

Robert W. Corcoran of counsel (John Murphy with him on the brief; Alvin McKinley Sylvester, Counsel, State Liquor Authority, attorney), for respondents.

DORE, J. P., and COHN, J., concur with VAN VOORHIS, J.; CALLAHAN and BREITEL, JJ., concur, in opinion.


VAN VOORHIS, J.

Nine bottles of Scotch whisky were taken from petitioner's licensed premises by agents of the Alcohol and Tobacco Division of the United States Treasury Department, who came to verify petitioner's Federal floor stock tax return. His return was found to be correct, nor were any Federal charges preferred against him. The chemist, however, of the Federal laboratory, testified that he made analyses...

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