Majority
p. 771In the Matter of Mar-Jear Restaurant Corp., Appellant, v. New York State Liquor Authority, Respondent. Argued May 15, 1969; decided June 4, 1969.
p. 773
Carl Moskowitz for appellant.
Stanley Stein and Samuel Roberts for respondent.
Concur: Chief Judge Fuld and Judges Burke, Bergan* and Jasen*. Judges Scileppi and Bkeitel dissent and vote to reverse and remand to the Authority to reinvestigate the application and then act anew- on the application, on the ground that the Authority based its present determination on no more than a series of remote hearsay accusations, each of which on investigation was established to be unproved or unprovable, and on an insufficiently relevant comparison of price to gross profit.