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Matter of Ben v. O'Connell

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1950
277 App. Div. 833 (N.Y. App. Div. 1950)

Opinion

May 17, 1950.

Present — Taylor, P.J., McCurn, Love, Vaughan and Kimball, JJ.


Determination confirmed, without costs. Memorandum: There was substantial evidence to support the findings of the liquor authority that the petitioner violated subdivision 1 of section 65 and section 110 Alco. Bev. Cont. of the Alcoholic Beverage Control Law. This court cannot, therefore, disturb the determination made (see Matter of Humphrey v. State Ins. Fund, 298 N.Y. 327, and Matter of Miller v. Kling, 291 N.Y. 65). The acquittal of the petitioner in the criminal proceeding did not conclude the liquor authority and was not a bar to this proceeding. ( Schindler v. Royal Ins. Co., 258 N.Y. 310.) All concur. (Proceeding for review of a suspension of a liquor license.)


Summaries of

Matter of Ben v. O'Connell

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1950
277 App. Div. 833 (N.Y. App. Div. 1950)
Case details for

Matter of Ben v. O'Connell

Case Details

Full title:In the Matter of ABRAHAM E. BEN, Petitioner, against JOHN F. O'CONNELL et…

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

Date published: May 17, 1950

Citations

277 App. Div. 833 (N.Y. App. Div. 1950)