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Matter of Little Dutch Grill, Inc. v. O'Connell

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1953
281 App. Div. 901 (N.Y. App. Div. 1953)

Opinion

March 23, 1953.

Present — Nolan, P.J., Carswell, Wenzel, MacCrate and Schmidt, JJ.


In a proceeding pursuant to article 78 of the Civil Practice Act to review the determination of the State Liquor Authority in refusing to renew a restaurant liquor license, petitioner appeals from an order denying the application and dismissing the proceeding. Order unanimously affirmed, with $50 costs and disbursements. The Authority's findings that the premises were disorderly and that alcoholic beverages had been sold to a minor while intoxicated were sustained by substantial evidence. While some of the proof consisted of unsworn statements and reports and was hearsay, the evidence was admitted without objection and so could be considered by the Authority. (Cf. Flora v. Carbean, 38 N.Y. 111; People ex rel. McLaughlin v. Board of Police Comrs., 174 N.Y. 450, 456; Matter of Whalen v. Corsi, 279 App. Div. 1113.)


Summaries of

Matter of Little Dutch Grill, Inc. v. O'Connell

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1953
281 App. Div. 901 (N.Y. App. Div. 1953)
Case details for

Matter of Little Dutch Grill, Inc. v. O'Connell

Case Details

Full title:In the Matter of LITTLE DUTCH GRILL, INC., Appellant, against JOHN F…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1953

Citations

281 App. Div. 901 (N.Y. App. Div. 1953)

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