Majority
p. 692In the Matter of Frederick J. Mirr et al., Partners Doing Business under the Name of D & M Grocery and Delicatessen, Respondents, against John F. O’Connell et al., Constituting the New York State Liquor Authority, Appellants.
Order reversed, with $20 costs and disbursements, and the petition dismissed on the ground that while the action of the State Liquor Authority in denying the petitioners’ application for a license to sell beer at retail for off-premises consumption may, under the circumstances, have been harsh, it cannot be said that its action was arbitrary and without any substantial basis. Present — Peek, P. J., Glennon, Van Yoorhis, Shientag and Heffernan, JJ.; Glennon, J., dissents and votes to affirm. Settle order on notice.