Opinion
January 10, 1963
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, Halpern, McClusky and Henry, JJ.
Determination unanimously annulled, without costs, and matter remitted to New York State Liquor Authority for a hearing in accordance with the memorandum. That portion of the order appealed from which directs the issuance of a renewal license reversed, without costs. Memorandum: In view of our decision in Matter of Costello v. New York State Liq. Auth. ( 17 A.D.2d 547), directing a hearing in the revocation proceeding, the application for a renewal of petitioner's license should be reviewed and reconsidered in the light of said direction. That portion of the order which is appealed from by the State Liquor Authority, and which directs the issuance of a renewal license, should be reversed. ( Matter of Monachino v. New York State Liq. Auth., 6 A.D.2d 1023; Matter of Amigone v. New York State Liq. Auth., 12 A.D.2d 993; Matter of Singer v. New York State Liq. Auth., 12 A.D.2d 994; Matter of Glaser v. Epstein, 13 A.D.2d 717.)