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First Newport Corp. v. State Liquor Authority

19 N.Y.2d 946 Court N.Y. Decision date 1967-05-25 English

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p. 946
In the Matter of First Newport Corp., Appellant, v. State Liquor Authority, Respondent.
Argued May 17, 1967;
determination withheld May 25, 1967.
p. 947
William Samuels and Henry Grey for appellant.
Joseph S. Byan and Hyman Amsel for respondent.

Determination of appeal withheld and case remanded to the State Liquor Authority for consideration of the application in light of the offer of petitioner to relinquish the license issued for another location. The stay granted upon stipulation of the parties, and presently in effect, is continued pending determination of this appeal.

'Concur: Judges Vax Voorhis, Burke, Scileppi and Keating. Chief Judge Fuld and Judges Bergah and Breitel dissent and vote to affirm on the opinion at the Appellate Division.