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Diamond v. O'Connell

281 A.D. 1012 Court N.Y. App. Div. Decision date 1953-05-05 English

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p. 1012
In the Matter of Joseph Diamond, Petitioner, against John F. O’Connell et al., Constituting the State Liquor Authority, Respondents.

Determination confirmed, with $20 costs and disbursements to the respondents and the petition herein dismissed, with costs. No opinion. Present — Peck, P. J., Glennon. Dore, Van Voorhis and Bergan, JJ.; Glennon and Dore, JJ., dissent and vote to annul the determination and grant the relief prayed for on the ground that there was no substantial evidence to support the determination of the State Liquor Authority that the petitioner had ceased to conduct a bona fide restaurant.