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MATTER OF ERIN WINE & LIQUOR STORE v. O'CONNELL

283 A.D. 443 (1954)

In the Matter of Erin Wine & Liquor Store, Inc., Petitioner, v. John F. O'Connell et al., Constituting The State Liquor Authority, Respondents

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

March 16, 1954.

Attorney(s) appearing for the Case

Louis Rivkin of counsel (Morris Rosen and Irwin Reicher with him on the brief; Rivkin & Rosen, attorneys), for petitioner.

Robert W. Corcoran of counsel (Emanuel D. Black with him on the brief; Alvin McKinley Sylvester, attorney), for respondents.

PECK, P. J., BASTOW and BERGAN, JJ., concur with BREITEL, J.; DORE, J., dissents and votes to confirm in opinion.

BREITEL, J.

In this article 78 proceeding petitioner, a package store licensee, seeks to annul a determination by the State Liquor Authority that it has violated the provisions of law forbidding sales of alcoholic beverages to a minor. The issue is whether there was substantial evidence to support the determination. We find that there was none.

Two youths, one three weeks under eighteen years of age, the...

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