Hyperlawhypertext legal databasebeta Toumanoff v. O'Connell 304 N.Y. 891

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Toumanoff v. O'Connell

304 N.Y. 891 Court N.Y. Decision date 1953-01-15 English

Contents

Majority

p. 891
In the Matter of Zoe C. Toumanoff, Respondent, against John F. O’Connell et al., Constituting the State Liquor Authority, et al., Appellants.
Argued November 20, 1952;
decided January 15, 1953.
p. 893
Alvin McKinley Sylvester and Lucille C. Bunsl for appellants.
Harry Kalman and Milton A. Morrison for respondent.

Orders reversed, with costs in all courts, and determination of State Liquor Authority reinstated. Petitioner’s premises are within 200 feet of a church and school, and it was not clearly shown that said premises had been maintained as a bona fide club or restaurant on or prior to December 5, 1933. (See Alcoholic Beverage Control Law, § 64, subd. 7.) No opinion.

Concur.- Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.

Statutes and regulations cited