Opinion
Argued May 17, 1967
Determination withheld May 25, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J.
William Samuels and Henry Grey for appellant.
Joseph S. Ryan and Hyman Amsel for respondent.
Determination of appeal withheld and case remanded to the State Liquor Authority for consideration of the application in light of the offer of petitioner to relinquish the license issued for another location. The stay granted upon stipulation of the parties, and presently in effect, is continued pending determination of this appeal.
Concur: Judges VAN VOORHIS, BURKE, SCILEPPI and KEATING. Chief Judge FULD and Judges BERGAN and BREITEL dissent and vote to affirm on the opinion at the Appellate Division.