Opinion
January 10, 1963
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, Halpern, McClusky and Henry, JJ. [ 35 Misc.2d 564.]
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: The issues here presented are substantially identical with those passed upon in Matter of Costello v. State Liq. Auth. ( 17 A.D.2d 547). The matter is remitted to the State Liquor Authority for review and reconsideration of petitioner's application for a renewal license for the reasons stated in the memorandum in the second Costello proceeding.