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Matter of Esposito v. State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1943
267 App. Div. 755 (N.Y. App. Div. 1943)

Opinion

December 10, 1943.

Present — Townley, Glennon, Untermyer, Cohn and Callahan, JJ.


We find no provision of the Alcoholic Beverage Control Law which required the licensee to deliver wine which he had sold at retail to a purchaser's home. Consequently specifications 1 and 2 should not have been used by the State Liquor Authority as a basis of revocation. However, we are of the opinion that there is sufficient evidence in the record to sustain specifications numbered 3 and 4. In that respect the determination of the State Liquor Authority should be confirmed and the proceeding dismissed. Determination unanimously confirmed, with fifty dollars costs and disbursements and the proceeding dismissed.


Summaries of

Matter of Esposito v. State Liquor Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1943
267 App. Div. 755 (N.Y. App. Div. 1943)
Case details for

Matter of Esposito v. State Liquor Authority

Case Details

Full title:In the Matter of ANTHONY ESPOSITO, Petitioner, against STATE LIQUOR…

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

Date published: Dec 10, 1943

Citations

267 App. Div. 755 (N.Y. App. Div. 1943)

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